Notices. Issuance of Order Modifying Exemption from Requirements of 10 CFR part 70
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BILLING CODE 7590-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 40-8989] In the Matter of EnergySolutions, LLC (formerly Envirocare of Utah, LLC); Order Modifying Exemption from 10 CFR Part 70 AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Order Modifying Exemption from Requirements of 10 CFR part 70. FOR FURTHER INFORMATION CONTACT: James Park, Environmental and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301)415-5835, fax number:
(301)415-5397, e-mail: *JRP@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission
(NRC)is issuing an Order pursuant to section 274f of the Atomic Energy Act to EnergySolutions, LLC (formerly Envirocare of Utah, LLC) concerning EnergySolutions' exemption from certain NRC licensing requirements for special nuclear material. This Order reflects the change in company name from Envirocare of Utah, LLC to EnergySolutions, LLC. II. Further Information EnergySolutions, LLC (EnergySolutions) operates a low-level waste
(LLW)disposal facility in Clive, Utah. This facility is licensed by the State of Utah, an Agreement State. EnergySolutions also is licensed by Utah to dispose of mixed waste, hazardous waste, and 11e.(2) byproduct material (as defined under section 11e.(2) of the Atomic Energy Act of 1954, as amended). By letter dated March 3, 2006, EnergySolutions notified the NRC that the company had changed its name from Envirocare of Utah, LLC and requested that the NRC reflect this name change in identified NRC staff documents. Section 70.3 of 10 CFR part 70 requires persons who own, acquire, deliver, receive, possess, use, or transfer special nuclear material
(SNM)to obtain a license pursuant to the requirements in 10 CFR part 70. The licensing requirements in 10 CFR part 70 apply to persons in Agreement States possessing greater than critical mass quantities as defined in 10 CFR 150.11. Pursuant to 10 CFR 70.17(a), “the Commission may . . . . grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.” By previous Orders, Envirocare of Utah, LLC was exempted from certain NRC regulations and was permitted, under specified conditions, to possess waste containing SNM in greater quantities than specified in 10 CFR part 150, at its LLW disposal facility located in Clive, Utah, without obtaining an NRC license pursuant to 10 CFR part 70. The first such Order was published in the **Federal Register** on May 21, 1999 (64 FR 27826). The most recent revision to this Order was published in the **Federal Register** on August 1, 2005 (70 FR 44123). The modified Order set forth below reflects the change in company name from Envirocare of Utah, LLC to EnergySolutions, LLC. No other substantive changes to the August 1, 2005 Order have been made. The exemption conditions would be revised as follows. III. Modified Order 1. For waste with no more than 20 weight percent of materials listed in Condition 2, concentrations of SNM in individual waste containers must not exceed the following values at time of receipt: Table A SNM nuclide Maximum SNM concentration in waste containing the described materials (g SNM/g waste) No materials listed in condition 2 Maximum of 20 weight percent of materials listed in condition 2 and no more than 1 weight percent of beryllium U-235 (>50%) <sup>a</sup> 6.2E-4 5.4E-4 U-235 (=50%) 6.9E-4 6.1E-4 U-235 (=20%) 8.3E-4 7.4E-4 U-235 (=10%) 9.9E-4 8.8E-4 U-235 (=5%) 1.0E-3 9.6E-4 U-235 (=3%) 1.3E-3 1.1E-3 U-235 (=2%) 1.7E-3 1.5E-3 U-235 (=1.5%) 2.3E-3 2.1E-3 U-235 (=1.35%) 2.8E-3 2.5E-3 U-235 (=1.2%) 3.5E-3 3.2E-3 U-235 (=1.1%) 4.5E-3 4.2E-3 U-235 (=1.05%) 5.0E-3 4.8E-3 U-233 4.7E-4 4.3E-4 Pu-239 2.8E-4 2.6E-4 Pu-241 2.2E-4 1.9E-4 Percentage value refers to weight percent enrichment in U-235. For enrichments that fall between identified values in the table, the higher value is the applicable value ( *e.g.* , for an enrichment of 14 weight percent U-235, the applicable concentration limit is that for 20 weight percent U-235). For waste with more than 20 weight percent of materials listed in Condition 2, concentrations of SNM in individual waste containers must not exceed the following values at time of receipt: Table B Radionuclide Maximum SNM concentration in waste containing the described materials (g SNM/g waste) Unlimited quantities of materials listed in condition 2 Unlimited quantities of materials listed in conditions 2 and 3 U-235 (>50%) 3.4E-4 1.2E-5 U-235 N/A 3.1E-4 <sup>a</sup> U-233 2.9E-4 1.1E-5 Pu-239 1.7E-4 7.5E-6 Pu-241 1.3E-4 5.3E-6 a For uranium at any enrichment with sum of materials listed in Condition 2 and beryllium not exceeding 45 percent of the weight of the waste. Plutonium isotopes other than Pu-239 and Pu-241 do not need to be considered in demonstrating compliance with this condition. When mixtures of these SNM isotopes are present in the waste, the sum-of-the-fractions rule, as illustrated below, should be used. The concentration values in Condition 1 are operational values to ensure criticality safety. Where the values in Condition 1 exceed concentration values in the corresponding conditions of the State of Utah Radioactive Material License (RML), the concentration values in the RML, which are averaged over the container, may not be exceeded. Higher concentration values are included in Condition 1 to be used in establishing the maximum mass of SNM for non-homogeneous solid waste and liquid waste. The measurement uncertainty values should be no more than 15 percent of the concentration limit, and represent the maximum one-sigma uncertainty associated with the measurement of the concentration of the particular radionuclide. When determining the applicable U-235 concentration limit for a specific enrichment percentage, the analytical uncertainty shall be added to the result ( *e.g.* , for a measurement value of U-235 enrichment percentage of 1.1 +/-0.2, the U-235 concentration limit corresponding to an enrichment percent of 1.35 shall be used). This shall be applied to analytical methods employed by the generator prior to receipt and by EnergySolutions upon receipt. The SNM must be homogeneously distributed throughout the waste. If the SNM is not homogeneously distributed, then the limiting concentrations must not be exceeded on average in any contiguous mass of 600 kilograms of waste. Liquid waste may be stabilized provided the SNM concentration does not exceed the SNM concentration limits in Condition 1. For containers of liquid waste with more than 600 kilograms of waste, the total mass of SNM shall not exceed the SNM concentration in Condition 1 times 600 kilograms of waste. Waste containing free liquids and solids shall be mixed prior to treatment. Any solids shall be maintained in a suspended state during transfer and treatment. 2. Except as allowed by Tables A and B in Condition 1, waste must not contain “pure forms” of chemicals containing carbon, fluorine, magnesium, or bismuth in bulk quantities ( *e.g.* , a pallet of drums, a B-25 box). By “pure forms,” it is meant that mixtures of the above elements, such as magnesium oxide, magnesium carbonate, magnesium fluoride, bismuth oxide, etc., do not contain other elements. These chemicals would be added to the waste stream during processing, such as at fuel facilities or treatment such as at mixed waste treatment facilities. The presence of the above materials will be determined by the generator, based on process knowledge or testing. 3. Except as allowed by Tables A and B in Condition 1, waste accepted must not contain total quantities of beryllium, hydrogenous material enriched in deuterium, or graphite above one tenth of one percent of the total weight of the waste. The presence of the above materials will be determined by the generator, based on process knowledge, physical observations, or testing. 4 Waste packages must not contain highly water soluble forms of uranium greater than 350 grams of uranium-235 or 200 grams of uranium-233. The sum of the fractions rule will apply for mixtures of U-233 and U-235. Highly soluble forms of uranium include, but are not limited to: Uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate, uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, and uranyl sulfate. The presence of the above materials will be determined by the generator, based on process knowledge or testing. 5. Waste processing of waste containing SNM will be limited to stabilization (mixing waste with reagents), micro-encapsulation and macro-encapsulation using low-density and high-density polyethylene, macro-encapsulation with cement grout, spray-washing, organic destruction (CerOx process and Solvent Electron Technology process), and thermal desorption. EnergySolutions shall confirm that the SNM concentration in the rinse water does not exceed the limits in Condition 1 following spray-washing, prior to further treatment. If the rinse water is evaporated, the evaporated product shall comply with the requirements in Condition 1. EnergySolutions shall perform sampling and analysis of the liquid effluent collection system at a frequency of one sample per 300 gallons or when the system reaches capacity, whichever is less. EnergySolutions shall track the SNM mass of waste treated using the CerOx process. When the total concentration of SNM is 85 percent of the sum of the fraction rule in Condition 1, EnergySolutions shall confirm the SNM concentration in the phase reactor tank and replace the solutions. The 10 percent enriched limit shall be used for uranium-235. The contents of the phase reactor tank should be solidified prior to disposal. When waste is processed using the thermal desorption process and the Solvent Electron Technology process, EnergySolutions shall confirm the SNM concentration following processing and prior to returning the waste to temporary storage. 6. EnergySolutions shall require generators to provide the following information for each waste stream: Pre-shipment *Waste Description.* The description must detail how the waste was generated, list the physical forms in the waste, and identify uranium chemical composition. *Waste Characterization Summary.* The data must include a general description of how the waste was characterized (including the volumetric extent of the waste, and the number, location, type, and results of any analytical testing), the range of SNM concentrations, and the analytical results with error values used to develop the concentration ranges. *Uniformity Description.* A description of the process by which the waste was generated showing that the spatial distribution of SNM must be uniform, or other information supporting spatial distribution. *Manifest Concentration.* The generator must describe the methods to be used to determine the concentrations on the manifests. These methods could include direct measurement and the use of scaling factors. The generator must describe the uncertainty associated with sampling and testing used to obtain the manifest concentrations. EnergySolutions shall review the above information and, if adequate, approve in writing this pre-shipment waste characterization and assurance plan before permitting the shipment of a waste stream. This will include statements that EnergySolutions has a written copy of all the information required above, that the characterization information is adequate and consistent with the waste description, and that the information is sufficient to demonstrate compliance with Conditions 1 through 4. Where generator process knowledge is used to demonstrate compliance with Conditions 1, 2, 3, or 4, EnergySolutions shall review this information and determine when testing is required to provide additional information in assuring compliance with the Conditions. EnergySolutions shall retain this information as required by the State of Utah to permit independent review. At Receipt EnergySolutions shall require generators of SNM waste to provide a written certification with each waste manifest that states that the SNM concentrations reported on the manifest do not exceed the limits in Condition 1, that the measurement uncertainty does not exceed the uncertainty value in Condition 1, and that the waste meets Conditions 2 through 4. 7. Sampling and radiological testing of waste containing SNM must be performed in accordance with the following: one sample for each of the first ten shipments of a waste stream; or one sample for each of the first 100 cubic yards of waste up to 1,000 cubic yards of a waste stream, and one sample for each additional 500 cubic yards of waste following the first ten shipments or following the first 1,000 cubic yards of a waste stream. Sampling and radiological testing of debris waste containing SNM (that is exempted from sampling by the State of Utah) can be eliminated if the SNM concentration is lower than one tenth of the limits in Condition 1. EnergySolutions shall verify the percent enrichment by appropriate analytical methods. The percent enrichment determination shall be made by taking into account the most conservative values based on the measurement uncertainties for the analytical methods chosen. 8. EnergySolutions shall notify the NRC, Region IV office within 24 hours if any of the above conditions are not met, including if a batch during a treatment process exceeds the SNM concentrations of Condition 1. A written notification of the event must be provided within 7 days. 9. EnergySolutions shall obtain NRC approval prior to changing any activities associated with the above conditions. Based on the staff's evaluation, the Commission has determined, pursuant to 10 CFR 70.17(a), that the exemption of above activities at the EnergySolutions disposal facility is authorized by law, and will not endanger life or property or the common defense and security and is otherwise in the public interest. Accordingly, by this Order, the Commission grants an exemption subject to the stated conditions. The exemption will become effective after the State of Utah has incorporated the above conditions into EnergySolutions' radioactive materials license. In addition, at that time, the Order published on August 1, 2005 will no longer be effective. Pursuant to the requirements in 10 CFR Part 51, the Commission has determined that an Environmental Assessment is not required as the proposed action (change in company name) is administrative and therefore falls within the categorical exclusion provisions of 10 CFR 51.22(c)(11). IV. Availability of Documents Documents related to this action, including the application for amendment and supporting documentation, will be available electronically at the NRC's Electronic Reading Room at *http://www.NRC.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the document related to this notice is: EnergySolutions' March 3, 2006 request (ML060740549). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland this 30th day of May, 2006. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-9181 Filed 6-12-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 40-8989] In the Matter of EnergySolutions, LLC (formerly Envirocare of Utah, LLC) Order Modifying Exemption from 10 CFR Part 70 AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Order Modifying Exemption from Requirements of 10 CFR part 70. FOR FURTHER INFORMATION CONTACT: James Park, Environmental and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301)415-5835, fax number:
(301)415-5397, e-mail: *JRP@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission
(NRC)is issuing an Order pursuant to section 274f of the Atomic Energy Act to EnergySolutions, LLC (formerly Envirocare of Utah, LLC) concerning EnergySolutions' exemption from certain NRC licensing requirements for special nuclear material. This Order reflects the change in company name from Envirocare of Utah, LLC to EnergySolutions, LLC. II. Further Information EnergySolutions, LLC (EnergySolutions) operates a low-level waste
(LLW)disposal facility in Clive, Utah. This facility is licensed by the State of Utah, an Agreement State. EnergySolutions also is licensed by Utah to dispose of mixed waste, hazardous waste, and 11e.(2) byproduct material (as defined under section 11e.(2) of the Atomic Energy Act of 1954, as amended). By letter dated March 3, 2006, EnergySolutions notified the NRC that the company had changed its name from Envirocare of Utah, LLC and requested that the NRC reflect this name change in identified NRC staff documents. Section 70.3 of 10 CFR part 70 requires persons who own, acquire, deliver, receive, possess, use, or transfer special nuclear material
(SNM)to obtain a license pursuant to the requirements in 10 CFR part 70. The licensing requirements in 10 CFR part 70 apply to persons in Agreement States possessing greater than critical mass quantities as defined in 10 CFR 150.11. Pursuant to 10 CFR 70.17(a), “the Commission may * * * grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.” By previous Orders, Envirocare of Utah, LLC was exempted from certain NRC regulations and was permitted, under specified conditions, to possess waste containing SNM in greater quantities than specified in 10 CFR part 150, at its LLW disposal facility located in Clive, Utah, without obtaining an NRC license pursuant to 10 CFR part 70. The first such Order was published in the **Federal Register** on May 21, 1999 (64 FR 27826). The most recent revision to this Order was published in the **Federal Register** on August 1, 2005 (70 FR 44123). The modified Order set forth below reflects the change in company name from Envirocare of Utah, LLC to EnergySolutions, LLC. No other substantive changes to the August 1, 2005 Order have been made. The exemption conditions would be revised as follows. III. Modified Order 1. For waste with no more than 20 weight percent of materials listed in Condition 2, concentrations of SNM in individual waste containers must not exceed the following values at time of receipt: Table A SNM Nuclide Maximum SNM concentration in waste containing the described materials (g SNM/g waste) No materials listed in Condition 2 Maximum of 20 weight percent of materials listed in Condition 2 and no more than 1 weight percent of beryllium U-235 (>50%) a 6.2E-4 5.4E-4 U-235 (=50%) 6.9E-4 6.1E-4 U-235 (=20%) 8.3E-4 7.4E-4 U-235 (=10%) 9.9E-4 8.8E-4 U-235 (=5%) 1.0E-3 9.6E-4 U-235 (=3%) 1.3E-3 1.1E-3 U-235 (=2%) 1.7E-3 1.5E-3 U-235 (=1.5%) 2.3E-3 2.1E-3 U-235 (=1.35%) 2.8E-3 2.5E-3 U-235 (=1.2%) 3.5E-3 3.2E-3 U-235 (=1.1%) 4.5E-3 4.2E-3 U-235 (=1.05%) 5.0E-3 4.8E-3 U-233 4.7E-4 4.3E-4 Pu-239 2.8E-4 2.6E-4 Pu-241 2.2E-4 1.9E-4 a Percentage value refers to weight percent enrichment in U-235. For enrichments that fall between identified values in the table, the higher value is the applicable value ( *e.g.* , for an enrichment of 14 weight percent U-235, the applicable concentration limit is that for 20 weight percent U-235). For waste with more than 20 weight percent of materials listed in Condition 2, concentrations of SNM in individual waste containers must not exceed the following values at time of receipt: Table B Radionuclide Maximum SNM concentration in waste containing the described materials (g SNM/g waste) Unlimited quantities of materials listed in Condition 2 Unlimited quantities of materials listed in Conditions 2 and 3 U-235 (>50%) 3.4E-4 1.2E-5 U-235 N/A 3.1E-4 a U-233 2.9E-4 1.1E-5 Pu-239 1.7E-4 7.5E-6 Pu-241 1.3E-4 5.3E-6 a For uranium at any enrichment with sum of materials listed in Condition 2 and beryllium not exceeding 45 percent of the weight of the waste. Plutonium isotopes other than Pu-239 and Pu-241 do not need to be considered in demonstrating compliance with this condition. When mixtures of these SNM isotopes are present in the waste, the sum-of-the-fractions rule, as illustrated below, should be used. EN13JN06.021 The concentration values in Condition 1 are operational values to ensure criticality safety. Where the values in Condition 1 exceed concentration values in the corresponding conditions of the State of Utah Radioactive Material License (RML), the concentration values in the RML, which are averaged over the container, may not be exceeded. Higher concentration values are included in Condition 1 to be used in establishing the maximum mass of SNM for non-homogeneous solid waste and liquid waste. The measurement uncertainty values should be no more than 15 percent of the concentration limit, and represent the maximum one-sigma uncertainty associated with the measurement of the concentration of the particular radionuclide. When determining the applicable U-235 concentration limit for a specific enrichment percentage, the analytical uncertainty shall be added to the result ( *e.g.* , for a measurement value of U-235 enrichment percentage of 1.1+/−0.2, the U-235 concentration limit corresponding to an enrichment percent of 1.35 shall be used). This shall be applied to analytical methods employed by the generator prior to receipt and by EnergySolutions upon receipt. The SNM must be homogeneously distributed throughout the waste. If the SNM is not homogeneously distributed, then the limiting concentrations must not be exceeded on average in any contiguous mass of 600 kilograms of waste. Liquid waste may be stabilized provided the SNM concentration does not exceed the SNM concentration limits in Condition 1. For containers of liquid waste with more than 600 kilograms of waste, the total mass of SNM shall not exceed the SNM concentration in Condition 1 times 600 kilograms of waste. Waste containing free liquids and solids shall be mixed prior to treatment. Any solids shall be maintained in a suspended state during transfer and treatment. 2. Except as allowed by Tables A and B in Condition 1, waste must not contain “pure forms” of chemicals containing carbon, fluorine, magnesium, or bismuth in bulk quantities ( *e.g.* , a pallet of drums, a B-25 box). By “pure forms,” it is meant that mixtures of the above elements, such as magnesium oxide, magnesium carbonate, magnesium fluoride, bismuth oxide, etc., do not contain other elements. These chemicals would be added to the waste stream during processing, such as at fuel facilities or treatment such as at mixed waste treatment facilities. The presence of the above materials will be determined by the generator, based on process knowledge or testing. 3. Except as allowed by Tables A and B in Condition 1, waste accepted must not contain total quantities of beryllium, hydrogenous material enriched in deuterium, or graphite above one tenth of one percent of the total weight of the waste. The presence of the above materials will be determined by the generator, based on process knowledge, physical observations, or testing. 4. Waste packages must not contain highly water soluble forms of uranium greater than 350 grams of uranium-235 or 200 grams of uranium-233. The sum of the fractions rule will apply for mixtures of U-233 and U-235. Highly soluble forms of uranium include, but are not limited to: uranium sulfate, uranyl acetate, uranyl chloride, uranyl formate, uranyl fluoride, uranyl nitrate, uranyl potassium carbonate, and uranyl sulfate. The presence of the above materials will be determined by the generator, based on process knowledge or testing. 5. Waste processing of waste containing SNM will be limited to stabilization (mixing waste with reagents), micro-encapsulation and macro-encapsulation using low-density and high-density polyethylene, macro-encapsulation with cement grout, spray-washing, organic destruction (CerOx process and Solvent Electron Technology process), and thermal desorption. EnergySolutions shall confirm that the SNM concentration in the rinse water does not exceed the limits in Condition 1 following spray-washing, prior to further treatment. If the rinse water is evaporated, the evaporated product shall comply with the requirements in Condition 1. EnergySolutions shall perform sampling and analysis of the liquid effluent collection system at a frequency of one sample per 300 gallons or when the system reaches capacity, whichever is less. EnergySolutions shall track the SNM mass of waste treated using the CerOx process. When the total concentration of SNM is 85 percent of the sum of the fraction rule in Condition 1, EnergySolutions shall confirm the SNM concentration in the phase reactor tank and replace the solutions. The 10 percent enriched limit shall be used for uranium-235. The contents of the phase reactor tank should be solidified prior to disposal. When waste is processed using the thermal desorption process and the Solvent Electron Technology process, EnergySolutions shall confirm the SNM concentration following processing and prior to returning the waste to temporary storage. 6. EnergySolutions shall require generators to provide the following information for each waste stream: Pre-shipment *Waste Description.* The description must detail how the waste was generated, list the physical forms in the waste, and identify uranium chemical composition. *Waste Characterization Summary.* The data must include a general description of how the waste was characterized (including the volumetric extent of the waste, and the number, location, type, and results of any analytical testing), the range of SNM concentrations, and the analytical results with error values used to develop the concentration ranges. *Uniformity Description.* A description of the process by which the waste was generated showing that the spatial distribution of SNM must be uniform, or other information supporting spatial distribution. *Manifest Concentration.* The generator must describe the methods to be used to determine the concentrations on the manifests. These methods could include direct measurement and the use of scaling factors. The generator must describe the uncertainty associated with sampling and testing used to obtain the manifest concentrations. EnergySolutions shall review the above information and, if adequate, approve in writing this pre-shipment waste characterization and assurance plan before permitting the shipment of a waste stream. This will include statements that EnergySolutions has a written copy of all the information required above, that the characterization information is adequate and consistent with the waste description, and that the information is sufficient to demonstrate compliance with Conditions 1 through 4. Where generator process knowledge is used to demonstrate compliance with Conditions 1, 2, 3, or 4, EnergySolutions shall review this information and determine when testing is required to provide additional information in assuring compliance with the Conditions. EnergySolutions shall retain this information as required by the State of Utah to permit independent review. At Receipt EnergySolutions shall require generators of SNM waste to provide a written certification with each waste manifest that states that the SNM concentrations reported on the manifest do not exceed the limits in Condition 1, that the measurement uncertainty does not exceed the uncertainty value in Condition 1, and that the waste meets Conditions 2 through 4. 7. Sampling and radiological testing of waste containing SNM must be performed in accordance with the following: One sample for each of the first ten shipments of a waste stream; or one sample for each of the first 100 cubic yards of waste up to 1,000 cubic yards of a waste stream, and one sample for each additional 500 cubic yards of waste following the first ten shipments or following the first 1,000 cubic yards of a waste stream. Sampling and radiological testing of debris waste containing SNM (that is exempted from sampling by the State of Utah) can be eliminated if the SNM concentration is lower than one tenth of the limits in Condition 1. EnergySolutions shall verify the percent enrichment by appropriate analytical methods. The percent enrichment determination shall be made by taking into account the most conservative values based on the measurement uncertainties for the analytical methods chosen. 8. EnergySolutions shall notify the NRC, Region IV office within 24 hours if any of the above conditions are not met, including if a batch during a treatment process exceeds the SNM concentrations of Condition 1. A written notification of the event must be provided within 7 days. 9. EnergySolutions shall obtain NRC approval prior to changing any activities associated with the above conditions. Based on the staff's evaluation, the Commission has determined, pursuant to 10 CFR 70.17(a), that the exemption of above activities at the EnergySolutions disposal facility is authorized by law, and will not endanger life or property or the common defense and security and is otherwise in the public interest. Accordingly, by this Order, the Commission grants an exemption subject to the stated conditions. The exemption will become effective after the State of Utah has incorporated the above conditions into EnergySolutions' radioactive materials license. In addition, at that time, the Order published on August 1, 2005 will no longer be effective. Pursuant to the requirements in 10 CFR part 51, the Commission has determined that an Environmental Assessment is not required as the proposed action (change in company name) is administrative and therefore falls within the categorical exclusion provisions of 10 CFR 51.22(c)(11). IV. Availability of Documents Documents related to this action, including the application for amendment and supporting documentation, will be available electronically at the NRC's Electronic Reading Room at *http://www.NRC.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the document related to this notice is: EnergySolutions' March 3, 2006 request (ML060740549). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland this 30th day of May, 2006. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-9247 Filed 6-12-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-293-LR; ASLBP No. 06-848-02-LR] Entergy Nuclear Operations, Inc.; Establishment of Atomic Safety and Licensing Board Pursuant to delegation by the Commission dated December 29, 1972, published in the **Federal Register** , 37 FR 28,710 (1972), and the Commission's regulations, *see* 10 CFR 2.104, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding: Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station). A Licensing Board is being established pursuant to a March 21, 2006 notice of opportunity for hearing (71 FR 6101 (March 27, 2006)) to consider the respective May 25 and May 26, 2006 requests of Pilgrim Watch and the Massachusetts Attorney General challenging the January 25, 2006 application for renewal of Operating License No. DPR-35, which authorizes Entergy Nuclear Operations, Inc. (Entergy), to operate the Pilgrim Nuclear Power Station at 2028 megawatts
(Mwt)thermal. The Entergy Nuclear Operations, Inc. renewal application seeks to extend the current operating license for the facility, which expires on June 8, 2012, for an additional twenty years. The Board is comprised of the following administrative judges: Ann Marshall Young, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Richard F. Cole, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Nicholas G. Trikouros, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.302. Issued at Rockville, Maryland, this 7th day of June 2006. G. Paul Bollwerk, III, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E6-9180 Filed 6-12-06; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Regulation S-P; OMB Control No. 3235-0537; and SEC File No. 270-480. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget (“OMB”) requests for extension of the previously approved collection of information discussed below. • Regulation S-P—Privacy of Consumer Financial Information. The Commission adopted Regulation S-P (17 CFR part 248) under the authority set forth in section 504 of the Gramm-Leach-Bliley Act (15 U.S.C. 6804), sections 17 and 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78q, 78w), sections 31 and 38 of the Investment Company Act of 1940 (15 U.S.C. 80a-30(a), 80a-37), and sections 204 and 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4, 80b-11). Regulation S-P implements the requirements of Title V of the Gramm-Leach-Bliley Act (“Act”), which include the requirement that at the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer of such financial institution's policies and practices with respect to disclosing nonpublic personal information to affiliates and nonaffiliated third parties (“privacy notice”). Title V of the Act also provides that, unless an exception applies, a financial institution may not disclose nonpublic personal information of a consumer to a nonaffiliated third party unless the financial institution clearly and conspicuously discloses to the consumer that such information may be disclosed to such third party; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option (“opt out notice”). The privacy notices required by the Act are mandatory. The opt out notices are not mandatory for financial institutions that do not share nonpublic personal information with nonaffiliated third parties except as permitted under an exception to the statute's opt out provisions. Regulation S-P implements the statute's requirements with respect to broker-dealers, investment companies, and registered investment advisers (“covered entities”). The Act and Regulation S-P also contain consumer reporting requirements. In order for consumers to opt out, they must respond to opt out notices. At any time during their continued relationship, consumers have the right to change or update their opt out status. Most covered entities do not share nonpublic personal information with nonaffiliated third parties and therefore are not required to provide opt out notices to consumers under Regulation S-P. Therefore, few consumers are required to respond to opt out notices under the rule. Currently, there are approximately 20,434 covered entities (approximately 6,280 registered broker-dealers, 4,939 investment companies, and, out of a total of 10,210 registered investment advisers, 9,215 registered investment advisers that are not also registered broker-dealers) that must prepare or revise the annual and initial privacy notices they provide to their customers. To prepare or revise their privacy notices, each of the approximately 11,219 covered entities that is a broker-dealer or investment company requires an estimated 40 hours at a cost of $2,424 (32 hours of professional time at $70 per hour plus 8 hours of clerical or administrative time at $23 per hour) and each of the approximately 9,215 covered entities that is an investment adviser but not also a broker-dealer requires an estimated 5 hours at a cost of $303 (4 hours of professional time at $70 per hour plus 1 hour of clerical or administrative time at $23 per hour). Thus, the total compliance burden per year is 494,835 hours (40 hours for 11,219 broker-dealers and investment companies, and 5 hours for 9,215 investment advisers that are not also broker-dealers × 11,219 = 448,760, 5 × 9,215 × 46,075, and 448,760 + 46,075 × 494,835), and $29,987,001 ($2,424 × 11,219 = $27,194,856, $303 × 9,215 = $2,792,145, and $27,194,856 + $2,792,145 = $29,987,001). The wage estimates of $70 per hour for professional time and $23 per hour for clerical or administrative time used in the foregoing calculations are based on estimated mean hourly wages of $68.23 for lawyers and $22.56 for all other legal support workers in the U.S. Department of Labor's Bureau of Labor Statistics' November 2004 National Industry-Specific Occupational Employment and Wage Estimate, NAICS 523100—Securities and Commodity Contracts Intermediation and Brokerage (available online, as of March 2, 2006, at *http://www.bls.gov/oes/current/naics4_523100.htm* ) adjusted upward for inflation by 2.5% based on the percentage increase in the employment cost indexes for white collar workers and for administrative support, including clerical, workers from December 2004 to December 2005, as reported in the U.S. Department of Labor's Bureau of Labor Statistics' Employment Cost Index for wages and salaries for private industry workers by industry and occupational group (not seasonally adjusted) (available online, as of March 2, 2006, at *http://www.bls.gov/news.release/eci.t06.htm* ). Compliance with Regulation S-P is necessary for covered entities to achieve compliance with the consumer financial privacy notice requirements of Title V of the Act. The required consumer notices are not submitted to the Commission. Because the notices do not involve a collection of information by the Commission, Regulation S-P does not involve the collection of confidential information. Regulation S-P does not have a record retention requirement per se, although the notices to consumers it requires are subject to the recordkeeping requirements of Rules 17a-3 and 17a-4. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. Comments should be directed to
(1)the Desk Officer for the SEC, Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or by sending an e-mail to: *David_Rostker@omb.eop.gov* ; and
(ii)R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-mail to: *PRA_Mailbox@sec.gov* . Comments must be submitted to OMB within 30 days of this notice. Dated: June 5, 2006. Jill M. Peterson, Assistant Secretary. [FR Doc. E6-9152 Filed 6-12-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27389; File No. 812-13274] Pruco Life Insurance Company, et al.; Notice of Application June 6, 2006. AGENCY: Securities and Exchange Commission (“SEC” or “Commission”). ACTION: Notice of application for an amended order under section 6(c) of the Investment Company Act of 1940, as amended (the “Act”) granting exemptions from the provisions of sections 2(a)(32), 22(c) and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder. Applicants: Pruco Life Insurance Company (“Pruco Life”), Pruco Life Insurance Company of New Jersey (“Pruco Life of New Jersey,” and collectively with Pruco Life, the “Insurance Companies”), Pruco Life Flexible Premium Variable Annuity Account (“Pruco Life Account”); Pruco Life of New Jersey Flexible Premium Variable Annuity Account (“Pruco Life of New Jersey Account,” and collectively with Pruco Life Account, the “Accounts”); and Prudential Investment Management Services LLC (“PIMS”, and collectively with the Insurance Companies, and the Accounts “Applicants”). Summary of Application: Applicants seek an order amending an existing order under section 6(c) of the Act, exempting them from section 2(a)(32), 22(c) and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder, to permit, under specified circumstances, the recapture of certain credits previously applied to purchase payments made under
(1)the Prudential Premier Variable Annuity X Series (“X Series Contract”), or
(2)variable annuity contracts issued by the Insurance Companies that are substantial similar in all material respects to the X Series Contract (“Future Contracts”). Applicants also request that the order extend to any NASD member broker-dealer controlling, controlled by, or under common control with the Insurance Companies, whether existing or created in the future, that serves as a distributor or principal underwriter of the X Series Contracts offered through the Accounts or any other separate accounts established in the future by the Insurance Companies (“Future Accounts”) to support Future Contracts. Filing Date: The application was filed on January 18, 2006, and amended on April 5, 2006. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Secretary of the Commission and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on July 3, 2006, and should be accompanied by proof of service on Applicants in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the requester's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary of the Commission. ADDRESSES: Secretary, SEC, 100 F Street, NE., Washington, DC 20549-1090. Applicants, c/o The Prudential Insurance Company of America, 213 Washington Street, Newark, NJ 07102-2992, Attn: C. Christopher Sprague, Esq. FOR FURTHER INFORMATION CONTACT: Sally Samuel, Senior Counsel, or Joyce M. Pickholz, Branch Chief, Office of Insurance Products, Division of Investment Management, at
(202)551-6795. SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee from the SEC's Public Reference Branch, 100 F Street, NE., Washington, DC 20549 (tel.
(202)551-8090). Applicants' Representations 1. In Investment Company Act Release Nos. 25999 (April 9, 2003) (notice) and 26043 (April 30, 2003) (order), the Commission granted an order (the “2003 Order”) that permits, under specified circumstances, the recapture of a 6% bonus payment (a “Credit”) applied to certain purchase payments made under deferred variable annuity contracts that the Insurance Companies issue through the Accounts, as well as contracts that the Insurance Companies may in the future issue through the Accounts or any future account. The 2003 Order applied to the versions of the Strategic Partners Annuity One contract (File Nos. 333-37728 and 333-49230). 2. The 2003 Order, in turn, amended a prior exemptive order (the “2002 Order”) that contemplated the granting, and recapture under certain circumstances, of a Credit of 3%, 4%, or 5%, depending on the amount of the purchase payment and the age of the owner. See Investment Company Act Release Nos. 25660 (July 15, 2002) (notice) and 25695 (August 12, 2002) (order). Applicants wish to leave the 2002 Order and the 2003 Order intact, thus allowing them to continue to recapture Credits under the versions of the Strategic Partners Annuity One contracts. 3. In this application, Applicants seek an order allowing them to recapture credits under a new variable annuity contract, the X Series Contract. Applicants in this application are identical to the applicants in the 2002 Order and the 2003 Order. 4. Applicants request that the amended order extend to any NASD member broker-dealer controlling, controlled by, or under common control with, the Insurance Companies, whether existing or created in the future, that serves as a distributor or principal underwriter of the X Series Contracts offered through the Accounts or any Future Account (“Broker-Dealers”). Applicants note that the X Series Contracts will be sold through such Broker-Dealers and also through broker-dealers that are NASD-registered and not affiliated with the Insurance Companies or the Broker-Dealers (the “Unaffiliated Broker-Dealers”). Each Unaffiliated Broker-Dealer will have entered into a dealer agreement with PIMS or an affiliate of PIMS prior to offering the X Series Contracts. 5. Applicants also request that the amended order sought herein apply to any other separate account of the Insurance Companies currently existing that will support any Future Contracts or any Future Accounts established to support Future Contracts. 6. The X Series Contracts are flexible premium deferred variable annuity contracts that are registered on Form N-4 (File Nos. 333-130989 and 333-131035). The minimum initial purchase payment is $10,000, and any additional purchase payment must be at least $100 (except for contract owners who participate in certain periodic purchase payment programs). The maximum issue age for the X Series Contract is 75, meaning that, for
(i)contracts with one owner, the owner must be 75 or younger
(ii)contracts that are jointly-owned, the oldest owner must be 75 or younger, and
(iii)for entity-owned contracts, the annuitant must be 75 or younger. 7. There are various insurance features under the X Series Contract and charges associated with those features. There is a 1.55% annual insurance charge that is deducted daily from the unit value of each subaccount, consisting of 1.40% for mortality and expense risks and 0.15% for administrative expenses. For X Series Contracts valued less than $100,000, there is a maintenance fee equal to the lesser of $35 ($30 in New York) or 2% of unadjusted account value, which is assessed annually on the X Series Contract's anniversary date or upon surrender. The maintenance fee is deducted pro rata from both the variable investment options and the fixed option under the X Series Contract. The applicant insurers impose no fee with respect to the first 20 transfers in an annuity year, but after the 20th such transfer, currently impose a fee of $10 per transfer. There is a contingent deferred sales charge (“CDSC”) under the X Series Contract, the amount of which is based on the “age” of each purchase payment being withdrawn. During the first year after a purchase payment is made, the CDSC is equal to 9%. In subsequent years, the CDSC is as follows: 8.5% in year 2, 8% in year 3, 7% in year 4, 6% in year 5, 5% in year 6, 4% in year 7, 3% in year 8, and 2% in year 9. After nine years have elapsed from the date on which the purchase payment was made, no CDSC is imposed with respect to that purchase payment. No CDSC is imposed in connection with the calculation of a death benefit payment. In addition, no CDSC is imposed on the portion of a withdrawal that can be taken as part of the free withdrawal feature of the X Series Contract. The free withdrawal amount available in each annuity year is equal to 10% of the sum of all purchase payments made during the year and prior to the beginning of that year, except that
(i)only purchase payments that would be subject to a CDSC are included in that calculation and
(ii)a free withdrawal amount that is not used in a given year cannot be carried over to future years. For purposes of calculating the CDSC, partial withdrawals are deemed to be taken first from any free withdrawal amount and thereafter from purchase payments (on a first-in, first-out basis). Where permitted by law, an X Series Contract owner may request to surrender without a CDSC upon the occurrence of a medically-related contingency event, such as a diagnosis of a fatal illness (a “Medically-Related Surrender”). 8. An X Series Contract owner may select one or more of several optional benefits. The Guaranteed Minimum Income Benefit is subject to a charge of 0.50% per year of the average protected income value during each year, and the charge is deducted annually in arrears each annuity year. The Lifetime Five Income Benefit (which allows the owner to withdraw a specified protected value through periodic withdrawals or a series of payments for life) is subject to a charge of 0.60% annually of the average daily net assets in the sub-accounts. The X Series Contract also offers a variant of the Lifetime Five benefit (called Spousal Lifetime Five) which, for a charge of 0.75% annually, guarantees income until the second-to-die of two individuals married to each other. The Highest Daily Value death benefit (which provides a death benefit equal to the higher of the basic death benefit or the “highest daily value”) is subject to a charge of 0.50% annually of the average daily net assets of the sub-accounts. Finally, the combination 5% roll-up/HAV death benefit (which refers to a death benefit equal to the greater of
(i)the “highest anniversary value” or
(ii)purchase payments plus credits, adjusted for withdrawals, appreciated at 5% annually) is subject to a charge of 0.50% annually of the average daily net assets of the sub-accounts. (For New York contracts, the only optional death benefit will be the Highest Anniversary Value Death Benefit). 9. In addition to the optional insurance features, the X Series Contract offers several optional administrative features at no additional cost ( *e.g.,* auto rebalancing, systematic withdrawals). 10. The X Series Contract offers both variable investment options and a one-year fixed rate option. The X Series Contract also may offer an enhanced, dollar cost averaging fixed interest rate option. At present, only portfolios of American Skandia Trust are available as variable investment options. Under the X Series Contract, Applicants reserve the right to add new underlying funds and series, and to substitute new portfolios for existing portfolios (subject to Commission approval). 11. An owner choosing to annuitize under the X Series Contract will have only fixed annuity options available. Those fixed annuity options include annuities based on a single measuring life or joint lives, based on a single measuring life or joint lives with a period certain ( *e.g.* , 5 years, 10 years, or 15 years), or based on a period certain only. If the owner fails to choose an annuity option, the default is to a life annuity with 10 years certain. The latest annuitization date is the first day of the month immediately following the annuitant's 95th birthday. 12. The bonus credit under the X Series Contract (the “New Credit”) will vary depending on the age of the older of the owner and any joint owner on the date that the purchase payment is made, but not on the amount of the purchase payment. Specifically, if the elder owner is 80 or younger when a purchase payment is made, the New Credit will equal 5%, regardless of the purchase payment amount. If the elder owner is between ages 81 and 85 when the purchase payment is made, then the New Credit will be 3%, regardless of the amount of the purchase payment. Applicants would recapture the New Credit if
(i)the X Series Contract is surrendered during the free look period, or
(ii)the New Credit was applied within 12 months prior to death or
(iii)the New Credit was applied within 12 months prior to a request for a Medically-Related Surrender. No CDSC is applied in connection with any transaction in which the New Credit would be recaptured. Applicants seek an amended order pursuant to section 6(c) of the Act exempting them from sections 2(a)(32), 22(c), and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder to the extent necessary to permit an Insurance Company to recapture the New Credit described herein in the instances described in the immediately preceding sentence. 13. Finally, the X Series Contract will offer a “longevity credit” that will be paid on the 10th annuity anniversary and each annuity anniversary thereafter. The longevity credit will equal 0.40% of the sum of all purchase payments (less withdrawals) that are more than 9 years old. Applicants are not seeking an exemption to recapture the longevity credit. Applicants' Legal Analysis 1. Section 6(c) of the Act authorizes the Commission to exempt any person, security or transaction, or any class or classes of persons, securities or transactions, from the provisions of the Act and the rules promulgated under the Act if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. 2. Applicants request that the Commission, pursuant to section 6(c) of the Act, issue an order amending the 2003 Order to the extent necessary to permit the recapture of the New Credit under the circumstances described above. Applicants believe that the requested exemptions are appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. 3. Applicants submit that the recapture of the New Credit will not raise concerns under sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act, and Rule 22c-1 thereunder for the same reasons given in support of the 2003 Order. The New Credit will be recaptured only if the owner
(i)exercises his/her free look right
(ii)dies within 12 months after receiving a New Credit or
(iii)requests a medically-related surrender within 12 months after receiving a New Credit. The amounts recaptured equal the New Credits provided by each Insurance Company from its own general account assets. 4. When the Insurance Companies recapture the New Credit, they are merely retrieving their own assets, and the owner has not been deprived of a proportionate share of the applicable Account's assets, because his or her interest in the New Credit amount has not vested. With respect to New Credit recaptures upon the exercise of the free-look privilege, it would be unfair to allow an owner exercising that privilege to retain a New Credit amount under an X Series Contract that has been returned for a refund after a period of only a few days. If the Insurance Companies could not recapture the New Credit during the free look period, individuals could purchase a Contract with no intention of retaining it, and simply return it for a quick profit. Applicants also note that the Contract owner is entitled to retain any investment gain attributable to the New Credit, even if the New Credit is ultimately recaptured. Furthermore, the recapture of New Credits if death or a Medically-Related Surrender occurs within 12 months after the receipt of a New Credit is designed to provide the Insurance Companies with a measure of protection against “anti-selection.” The risk here is that an owner, with full knowledge of impending death or serious illness, will make very large payments and thereby leave the Insurance Companies less time to recover the cost of the New Credit, to their financial detriment. 5. Applicants submit that the provisions for recapture of the New Credit under the X Series Contract do not, and any such Future Contract provisions will not, violate section 2(a)(32) and 27(i)(2)(A) of the Act, and rule 22c-1 thereunder, and that the relief requested is consistent with the exemptive relief provided under the 2003 Order and other Commission precedent. 6. Applicants submit that their request for an amended order that applies to any Account or any Future Account established by an Insurance Company in connection with the issuance of X Series Contracts and Future Contracts, and underwritten or distributed by PIMS or other broker-dealers, is appropriate in the public interest. Such an order would promote competitiveness in the variable annuity market by eliminating the need to file redundant exemptive applications, thereby reducing administrative expenses and maximizing the efficient use of Applicants' resources. Investors would not receive any benefit or additional protection by requiring Applicants to repeatedly seek exemptive relief that would present no issue under the Act that has not already been addressed in this application. Having Applicants file additional applications would impair Applicants' ability effectively to take advantage of business opportunities as they arise. 7. Applicants undertake that Future Contracts funded by the Accounts or by Future Accounts that seek to rely on the order issued pursuant to the application will be substantially similar to the X Series Contracts in all material respects. Conclusion Applicants submit that their request for an amended order meets the standards set out in section 6(c) of the Act and that an order amending the 2003 Order should, therefore, be granted. For the Commission, by the Division of Investment Management, under delegated authority. Jill M. Peterson, Assistant Secretary. [FR Doc. E6-9153 Filed 6-12-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53935; File No. SR-CBOE-2003-41] Self-Regulatory Organizations; Chicago Board Options Exchange, Inc.; Notice of Filing of Proposed Rule Change and Amendment Nos. 1, 2, and 3 Thereto To List and Trade Options on Corporate Debt Securities June 2, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on September 22, 2003, the Chicago Board Options Exchange, Inc. (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by CBOE. On March 1, 2003, CBOE filed Amendment No. 1 to the proposed rule change. 3 CBOE filed Amendment No. 2 to the proposed rule change on August 24, 2005. 4 CBOE filed Amendment No. 3 to the proposed rule change on May 26, 2006. 5 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, CBOE replaced and superseded the original Exhibit A, which contained its rule text, in its entirety. In addition, CBOE provided explanatory commentary in response to questions raised by Commission staff regarding the proposal including, but not limited to, listing and maintenance standards, strike price intervals, and margins. 4 Amendment No. 2 replaced and superseded the Exchange's original Form 19b-4 in its entirety. 5 Amendment No. 3 replaced and superseded the Exchange's original Form 19b-4 in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change CBOE proposes to introduce for trading a new type of option, called “Corporate Debt Security Options” (“CDSOs”), which would be options based on corporate bonds. The text of the proposed rule change is available on CBOE's Web site ( *http://www.cboe.com* ), at the principal office of CBOE, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Over-the-counter (“OTC”) transactions in corporate debt securities ( *e.g.,* bonds and notes) recently have been become subject to enhanced transparency and now are reported publicly through the NASD's Trade Reporting and Compliance Engine (“TRACE”) system. This enhanced transparency and price reporting has given rise to an OTC market in options on corporate debt securities over the past few years. CBOE believes that an exchange-traded alternative may provide a useful risk management and trading vehicle for member firms and their customers. The Exchange understands that products similar to CDSOs that are proposed in this rule filing are currently traded in the OTC market by hedge funds, proprietary trading firms, and a few very large fixed income funds. These market participants have indicated that there could be room for significant growth in OTC trading of options on corporate debt securities as transparency further improves in the market for the underlying corporate debt securities and if a listed option product were introduced. CBOE expects that users of these OTC products would be among the primary users of exchange-traded CDSOs. CBOE states that its member firms have also indicated to the Exchange that the listing and trading of CDSOs would allow their customers to better manage the risk associated with the volatility of underlying bond positions. Additionally, CBOE notes that persons writing CDSOs would have the corresponding ability to earn option premium income and carefully tailor their own risk exposure. Further, CBOE's members have indicated that these customers desire the enhanced liquidity that an exchange-traded product would bring. CBOE believes that CDSOs listed on the Exchange would have three important advantages over the contracts that are traded in the OTC market. First, as a result of greater standardization of contract terms, exchange-listed contracts should develop more liquidity. Second, counter-party credit risk would be mitigated by the fact that the contracts are issued and guaranteed by The Options Clearing Corporation (“OCC”). Finally, the price discovery and dissemination provided by CBOE and its members would lead to more transparent markets. CBOE believes that the Exchange's ability to offer CDSOs would aid it in competing with the OTC market and at the same time expand the universe of listed products available to interested market participants. Accordingly, the Exchange proposes to list and trade CDSOs that are designed to offer investors exposure to actively traded OTC corporate bonds that have initial amounts outstanding over $250 million. The face value of a corporate debt security underlying a CDSO would be $100,000. Proposed CBOE Rule 28.7 would provide that there would be up to five expiration months, none further out than 15 months, but the Exchange could list additional expiration months further out than 15 months where a reasonable active secondary market exists. Series with strike prices in, at, and out-of-the-money initially would be listed (up to ten per month initially). The Exchange represents that it would delist CDSO series for which there is no open interest. In addition, the Exchange proposes to limit the strike price intervals that it could list for CDSO series, which, as proposed, would be fixed at a percentage of principal amounts (based on a par quote basis of $100) as follows: • 0.5% ($0.50) or greater, provided that the series to be listed is no more than 5% above or below the current market price of a corporate debt security either reported on TRACE during TRACE system hours or effected through on or through the facilities of a national securities exchange, as applicable, on the day prior to the day the series is first listed for trading; • 1.0% ($1.00) or greater, provided that the series to be listed is no more than 10% above or below the current market price of a corporate debt security either reported on TRACE during TRACE system hours or effected on or through the facilities of a national securities exchange, as applicable, on the day prior to the day the series is first listed for trading; and • 2.5% ($2.50) or greater, provided that the series to be listed is greater than 10% above or below the current market price of a corporate debt security either reported on TRACE during TRACE system hours or effected on or through facilities of a national securities exchange, as applicable, on the day prior to the day the series is first listed for trading. The increments proposed herein are designed to allow the Exchange flexibility to list strike increments at appropriate levels, while at the same time would establish reasonable limits on the number of strikes that may be listed in order to diminish any potential effect on the Exchange's quote capacity thresholds. The Exchange affirms that, as structured, it has sufficient systems capacity to support the listing of CDSOs in the strike price increments proposed herein. According to the Exchange, the option premium would be quoted in points where each point equals $1,000. The minimum tick would be 0.05 ($50.00). The expiration date would be the Saturday immediately following the third Friday of the expiration month. CDSOs would be European-style options and could be exercised only on the last day of expiration. Trading in CDSOs ordinarily would cease on the business day (usually a Friday) preceding the expiration date. Trading hours would be 8:30 a.m. to 3:02 p.m. Chicago time. Prices of CDSOs generally would be based on the prices of corporate debt securities that are reported through TRACE by members of NASD. The TRACE rules require NASD members dealing in corporate debt securities to report transactions in eligible debt securities to TRACE within 15 minutes of execution. NASD currently notifies subscribers regarding general TRACE reporting system outages via the following electronic communications:
(i)*http://apps.nasd.com/Regulatory_Systems/trace_sub.asp;* and
(ii)*http://www.nasdaqtrader.com/dynamic/newsindex/vendoralerts_2005.stm.* The settlement process for CDSOs would be the same as the settlement process for equity options under CBOE rules, except as necessary to take into account that the securities underlying CDSOs are debt securities. 6 CDSOs would be physically settled and exercise notices that are properly tendered would result in delivery of the underlying corporate debt securities on the third business day following exercise. Payment of a CDSO's exercise price would be accompanied by payment of accrued interest on the underlying corporate debt security from, but not including, the last interest payment date to, and including, the exercise settlement date, as specified in OCC rules. 6 If the outstanding debt issuance amount of an underlying corporate debt security is insufficient to satisfy the delivery requirements under CBOE Rule 11.3, OCC rules provide for special settlement exercise procedures. CBOE states that issuers generally calculate the accrued interest in one of two methods, each of which is detailed in Appendix A to the contract specifications set forth in Exhibit B. The Exchange would notify OCC of the accrued interest calculation methodology that applies to each corporate debt security prior to the listing thereof. CBOE has proposed to establish tiered position limits based upon a policy to cap position limits at 10% of the total float of the underlying bond. The “total float” of the underlying corporate debt security would exclude amounts held by 10% holders of the corporate debt security. In other words, if a person holds more than 10% of a particular corporate debt security, the amount held by such person would not be included in the “total float” for purposes of determining the applicable position and exercise limits. For example, if a person holds 14% of the total outstanding issuance of a corporate debt security, the applicable position and exercise limits would only be based on the remaining 86% of the issuance that is not held by such person. The Exchange believes that the 10% threshold amount is a reasonable measure of those market participants, such as pension funds, that have purchased a corporate debt security for long-term investment versus those that have purchased a corporate debt security with a willingness to sell such security in the short-term period and thus increase the amount of liquidity in the particular issue. CBOE also believes this 10% level is sufficient to inhibit market manipulation or to mitigate other possible disruptions in the market. CBOE's proposed lowest position limit for equity options is 13,500 contracts, which, if exercised, would represent approximately 19.28% of the minimum float of an equity security eligible to underlie a CBOE equity option (seven million shares). 7 Moreover, CBOE's proposed 13,500 equity option contract limit applies to those options having an underlying security that does not meet the requirements for a higher option contract limit. CBOE believes the proposed 10% position limit for CDSOs, which is significantly less than that for equity options, is sufficiently high to account for the differences in liquidity between the equity and debt markets. Therefore, CBOE proposes the following tiers: 7 *See* CBOE Rule 4.11 (Position Limits). Issue float Position limit $200,000,000-$499,999,000 200 contracts. 500,000,000-749,999,000 500 contracts. 750,000,000-999,999,000 750 contracts. 1,000,000,000-2,499,999,000 1,000 contracts. 2,500,000,000 and greater 2,500 contracts. The Exchange is proposing comprehensive initial listing and ongoing maintenance requirements for CDSOs, which are set forth in proposed CBOE Rules 5.3.10 and 5.4.14. In addition to standards such as the required amount of underlying security holders and outstanding float amounts, the Exchange is also proposing as a criterion for listing a particular corporate debt security for options trading that the issuer of the corporate debt security or the issuer's parent, if the issuer is a wholly-owned subsidiary, has at least one class of common or preferred equity securities registered under section 12(b) of the Act. 8 This criterion is designed to ensure that there is adequate information publicly available regarding the issuer of a corporate debt security underlying an option traded on the Exchange. The corporate debt security market is largely an OTC market and many corporate debt securities, including those among the most actively traded, are not themselves registered under section 12 of the Act. The issuers of many unregistered corporate debt securities, however, have equity securities registered under section 12 of the Act. These issuers are required to provide periodic reports to the public due to the equity registration, and the Exchange believes that the fact that their corporate debt securities are unregistered does not diminish in practical terms the information provided by their periodic reports. Thus, CBOE believes that the proposed requirement would enable a wide array of actively traded corporate debt securities to be eligible for options trading while ensuring sufficient public disclosure of information about any corporate debt securities underlying exchange-traded options. 9 8 15 U.S.C. 78 *l* (b). 9 Proposed CBOE Rule 5.3.10 was amended to also include the requirement that the issuer of a corporate debt security has registered the offer and sale of the security under the Securities Act of 1933. The Exchange is proposing as another listing criterion that the stock of an issuer of a corporate debt security be eligible for options trading under CBOE Rule 5.4. The provisions of CBOE Rule 5.4 would require that an equity security underlying an option be itself widely held and actively traded. The Exchange believes that a requirement that the stock of an issuer of a corporate debt security meet the criterion of CBOE Rule 5.4 would provide additional indicia that such issuer's securities are subject to widespread investor interest. Moreover, the Exchange believes that this requirement would ensure that a corporate debt securities option is not used as a proxy for equity options trading of an issuer whose stock does not meet the criterion of CBOE Rule 5.4. With respect to credit ratings of corporate debt securities, the initial listing standards would provide that corporate debt securities on which options transactions are listed must have credit ratings issued by Moody's Investors Service (“Moody's”) that are Caa 10 or higher and credit ratings issued by Standard & Poor's that are CC 11 or higher. The proposed maintenance standards require that the corporate debt securities maintain the ratings set forth in the initial listing standards. CBOE believes that these initial and maintenance standards are appropriate because they provide a measure of certainty with respect to the satisfaction of regularly scheduled interest payments on the corporate debt security, which triggers the corresponding requirement to pay the accrued interest under proposed CBOE Rule 28.15. The Exchange also believes that market participants investing in corporate debt securities should have the opportunity to use CDSOs to mitigate risk when the underlying corporate debt security is subject to credit downgrades and potentially price declines. 10 Under Moody's rating definitions, “obligations rated Caa are judged to be of poor standing and are subject to very high credit risk.” Moody's has two ratings lower than Caa: Ca and C. Moody's defines Ca-rated obligations as “highly speculative and are likely in, or very near, default, with some prospect of recovery of principal and interest.” Moody's defines C-rated obligations as “the lowest rated class of bonds and are typically in default, with little prospect for recovery of principal or interest.” 11 Under Standard & Poor's rating definitions, “an obligation rated CC is currently highly vulnerable to nonpayment.” Standard & Poor's has two ratings lower than CC: C and D. Under Standard & Poor's definitions, C-rated obligations “may be used to cover a situation where a bankruptcy petition has been filed or similar action has been taken, but payments on this obligation are being continued.” Under Standard & Poor's definitions, “an obligation rated ‘D’ is in payment default. The ‘D’ rating category is used when payments on an obligation are not made on the date due even if the applicable grace period has not expired, unless Standard & Poor's believes that such payments will be made during such grace period. The ‘D’ rating also will be used upon the filing of a bankruptcy petition or the taking of a similar action if payments on an obligation are jeopardized.” The proposed margin (both initial and maintenance) for writing uncovered puts or calls would be as follows. An 12 option writer would be required to deposit and maintain 100% of the current market value of the option plus 10% of the aggregate contract value minus the amount by which the option is out-of-the-money, if any, subject to a minimum for calls equal to 100% of the current market value of the option plus 5% of the aggregate contract value for any corporate debt security that is rated investment-grade. 13 For non-investment-grade 14 corporate debt securities, the margin requirement would be 100% of the current market value of the option plus 15% of the aggregate contract value minus the amount by which the option is out-of-the-money, if any, subject to a minimum for calls equal to 100% of the current market value of the option plus 10% of the aggregate contract value. Writers of options on convertible corporate debt securities would be required to deposit and maintain 100% of the current market value of the option plus 20% of the aggregate contract value minus the amount by which the option is out-of-the-money, if any, subject to a minimum for calls equal to 100% of the current market value of the option plus 10% of the aggregate contract value. In the case of puts for each of investment-grade, non-investment-grade, and convertible corporate debt securities, the minimum margin required would be 100% of the current market value of the option plus 5%, 10%, and 10%, respectively of the put exercise price. This methodology incorporates the same formula in CBOE Chapter 12 that the Exchange applies to all other option classes, but with percentages that consider the specific market factors pertaining to debt rating and type of the corporate debt security. For example, the Exchange requires a deposit of 100% of the current market value of the option plus a 20% Initial/Maintenance Margin and a 10% Minimum Margin. This same level would apply to convertible corporate debt securities that are the underlying for options listed under the proposed CBOE Chapter 28 rules. For investment-grade corporate debt securities that underlie options listed under the proposed CBOE Chapter 28 rules, the Exchange is proposing a 10% Initial/Maintenance Margin and a 5% Minimum Margin because investment grade corporate debt securities generally experience lower price movements and lower volatility levels than stocks. CBOE states that, since non-investment-grade corporate debt securities exhibit price movements that are higher than investment-grade corporate debt securities, it is proposing a 15% Initial/Maintenance Margin and a 5% Minimum Margin for those securities. The Exchange believes that these proposed margin levels also are consistent with the Commission's Net Capital Rule for the underlying corporate debt securities. 15 12 Pursuant to a telephone conversation between Angelo Evangelou, Assistant General Counsel, and Dennis O'Callahan, Director Research and Product Development, CBOE, and Bonnie Gauch, Special Counsel, Marc McKayle, Special Counsel, and Ronesha Butler, Special Counsel, Division of Market Regulation, Commission, on June 1, 2006, the description contained in this paragraph was conformed to reflect the provisions contained in proposed CBOE Rule 12.3. 13 The definition of an investment-grade corporate debt security is set forth in proposed CBOE Rule 12.3(a)(15). The proposed definition mirrors the definition set forth in NASD rules pertaining to TRACE. For purposes of CBOE Rule 12.3, the Exchange would interpret the lowest of the four highest generic rated categories referenced in the proposed definition for “Investment Grade” to be, for example, Baa in the case of Moody's Investors Services and BBB in the case of Standard and Poor's. 14 The proposed definition of a non-investment-grade corporate debt security is set forth in proposed CBOE Rule 12.3(a)(16). The proposed definition mirrors the definition set forth in the NASD rules pertaining to TRACE. The Exchange would interpret the lowest of the four highest generic rated categories referenced in the proposed definition for “Non-Investment Grade” to be, for example, Baa in the case of Moody's Investors Services and BBB in the case of Standard and Poor's. 15 17 CFR 240.15c3-1. CBOE believes that the operational capacity used to accommodate the trading of CDSOs on the Exchange would have a negligible effect on the total capacity used by the Exchange to trade its products on a daily basis. To the extent that features of CDSOs differ from other security options, CBOE would issue a circular to its members before the initiation of trading in CDSOs that would specify the special characteristics of CDSOs. This circular would highlight the exercise methodology of the series, explain the cash adjustment procedures, identify the new symbols for the CDSO series, and identify the initial expiration months and strike prices available for trading. The Exchange notes that these procedures are similar to the procedures used when the Exchange listed both A.M.- and P.M.-settled SPX Index options in 1992. The Exchange would monitor the media for rating downgrades and other corporate actions to ensure the Exchange's maintenance standards are fulfilled, and monitor for any corporate actions that may influence the pricing of corporate debt securities and CDSOs. In addition, the Exchange would work with OCC to revise the Options Disclosure Document to incorporate CDSOs in a manner that is satisfactory to both the Exchange and the Commission. The Exchange believes that the introduction of CDSOs would increase the variety of listed options to investors and expand the risk management choices for debt securities participants. 2. Statutory Basis The Exchange believes that its proposal, as amended, is consistent with the requirements of section 6(b) of the Act, 16 in general, and section 6(b)(5) of the Act 17 in particular, in that it is designed to promote just and equitable principles of trade as well as to protect investors and the public interest. The Exchange states that the introduction of CDSOs would increase the variety of listed options to investors and expand the risk management choices for debt securities participants. 16 15 U.S.C. 78f(b). 17 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change, as amended, would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which CBOE consents, the Commission will:
(A)By order approve such proposed rule change, as amended, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2003-41 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2003-41. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2003-41 and should be submitted on or before July 5, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 18 Jill M. Peterson, Assistant Secretary. 18 17 CFR 200.30-3(a)(12). [FR Doc. E6-9154 Filed 6-12-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53938; File No. SR-Phlx-2006-36] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend Until June 5, 2007, a Pilot Program for Listing Options on Selected Stocks Trading Below $20 at One-Point Intervals June 5, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 25, 2006, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Phlx. The Phlx filed the proposal pursuant to section 19(b)(3)(A) of the Act, 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to amend Commentary .05 to Phlx Rule 1012, “Series of Options Open for Trading,” to extend until June 5, 2007, its pilot program for listing options series on selected stocks trading below $20 at one-point intervals (“Pilot Program”). As set forth in Phlx Rule 1012, Commentary .05, the Pilot Program allows the Phlx to list options classes overlying five individual stocks with strike price intervals of $1 where, among other things, the underlying stock closes below $20 on its primary market on the day before the Phlx selects the stock for the Pilot Program. The Phlx also may list $1 strike prices on any options classes selected by other options exchanges that have adopted similar pilot programs. 5 The text of the proposed rule change is available on the Phlx's Web site ( *http://www.phlx.com* ), at the Phlx's principal office, and at the Commission's Public Reference Room. 5 The Commission approved the Phlx's Pilot Program on June 11, 2003, and extended it twice through June 5, 2006. *See* Securities Exchange Act Release Nos. 48013 (June 11, 2003), 68 FR 35933 (June 17, 2003) (order approving File No. SR-Phlx-2002-55) (approving the Pilot Program through June 5, 2004) (“Phlx Approval Order”); 49801 (June 3, 2004), 69 FR 32652 (June 10, 2004) (notice of filing and immediate effectiveness of File No. SR-Phlx-2004-38) (extending the Pilot Program through June 5, 2005); and 51768 (May 31, 2005), 70 FR 33250 (June 7, 2005) (notice of filing and immediate effectiveness of File No. SR-Phlx-2005-35) (extending the Pilot Program through June 5, 2006) (collectively, “Phlx Pilot Extensions”). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the Pilot Program for one year so that the Exchange may continue to list options at $1 strike price intervals within the parameters specified in Phlx Rule 1012, Commentary .05. The Commission approved the Pilot Program allowing the listing of strike prices for options at $1 intervals for securities trading under $20, and extended it twice through June 5, 2006. 6 The Exchange proposes to extend the Pilot Program for a period of one year, through June 5, 2007. The Pilot Program will remain unchanged so that, under the terms of the Pilot Program, the Phlx may establish $1 strike price intervals on options classes overlying no more than five individual stocks designated by the Exchange where the underlying stock closes below $20 on its primary market on the trading day before the Exchange selects the stock for the Pilot Program. Under the terms of the Pilot Program, the strike prices listed pursuant to the Pilot Program must be between $3 and $20 and may be no more than $5 above or below the closing price of the underlying stock on the preceding day. In addition, strike prices listed pursuant to the Pilot Program may not be listed within $.50 of an existing $2.50 strike price, and $1 strike prices are not applied to long term options series (“LEAPS”). Pursuant to the Pilot Program, the Exchange may list $1 strike prices on options classes selected by other options exchanges for inclusion in their $1 strike price pilot programs. 6 *See* Phlx Approval Order and Phlx Pilot Extensions, *supra* note 5. In July 2003, the Phlx chose and listed five options classes with $1 strike price intervals, and thereafter listed $1 strike prices in options classes selected by other options exchanges for inclusion in their $1 strike price pilot programs. The Phlx currently lists 22 options classes with $1 strike prices. 7 According to the Phlx, the Exchange's ability to list options at $1 strike price intervals pursuant to the Pilot Program has given investors the opportunity to more closely and effectively tailor their options investments to the price of the underlying stock, has allowed the Exchange to take advantage of competitive opportunities to list options at $1 strike prices, and has stimulated price competition among the options exchanges in these options. 7 The Phlx continues to list the $1 strike prices in the options classes that it initially chose for the Pilot Program: TYCO International, LTD (TYC), Micron Tech. (MU), Oracle Co. (ORQ), Brocade Comm. (UBF), and Juniper Networks (JUP). In the Phlx Pilot Extensions, the Commission indicated that if the Phlx sought to extend, expand, or request permanent approval of the Pilot Program, it would be required to include a Pilot Program report with its filing. 8 The Phlx's Pilot Program Report (“Pilot Program Report”), included as Exhibit 3 to the proposal, reviews the Exchange's experience with the Pilot Program. According to the Phlx, the Pilot Program Report clearly supports the Exchange's belief that extension of the Pilot Program is proper. Among other things, the Phlx believes that the Pilot Program Report shows the strength and efficacy of the Pilot Program on the Exchange, as reflected by the increase in the percentage of $1 strikes in comparison to total options volume traded on the Phlx at $1 strike price intervals as compared to other options volume and the continuing robust open interest of options traded on the Phlx at $1 strike price intervals. The Phlx believes that the Pilot Program Report establishes that the Pilot Program has not created and in the future should not create capacity problems for the systems of the Exchange or the Options Price Reporting Authority (“OPRA”). In addition, the Pilot Program Report explains that most delistings of $1 strike price options series occurred to ensure that the chosen $1 strike price issues remained within the parameters of the Pilot Program. 8 *See* Phlx Pilot Extensions, *supra* note 5. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with section 6(b) of the Act, 9 in general, and furthers the objectives of section 6(b)(5), 10 in particular, in that it is designed to perfect the mechanism of a free and open market and a national market system, to protect investors and the public interest, and to promote just an equitable principles of trade. The Phlx believes the proposal would achieve this by allowing the continued listing of options at $1 strike price intervals within certain parameters, thereby stimulating customer interest in options overlying the lowest tier of stocks and creating greater trading opportunities and flexibility and providing customers with the ability to more closely tailor investment strategies to the precise movement of the underlying stocks. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Phlx does not believe that the proposed rule change will impose any inappropriate burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Phlx has filed the proposed rule change pursuant to section 19(b)(3)(A) of the Act 11 and subparagraph (f)(6) of Rule 19b-4 thereunder. 12 Because the foregoing proposed rule change:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)by its terms does not become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative for 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Phlx has asked the Commission to waive the five-day pre-filing notice requirement and the 30-day operative delay to allow the Exchange to continue listing $1 strike prices without a lapse in the operation of the Pilot Program. The Commission waives the five-day pre-filing notice requirement. In addition, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will permit the Pilot Program to continue without interruption through June 5, 2007. 13 For this reason, the Commission designates that the proposal become operative on June 5, 2006. 14 13 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 14 As set forth in the Commission's initial approval of the Pilot Program, if the Phlx proposes to:
(1)Extend the Pilot Program;
(2)expand the number of options eligible for inclusion in the Pilot Program; or
(3)seek permanent approval of the Pilot Program, it must submit a Pilot Program report to the Commission along with the filing of its proposal to extend, expand, or seek permanent approval of the Pilot Program. The Phlx must file any such proposal and the Pilot Program report with the Commission at least 60 days prior to the expiration of the Pilot Program. The Pilot Program report must cover the entire time the Pilot Program was in effect and must include:
(1)Data and written analysis on the open interest and trading volume for options (at all strike price intervals) selected for the Pilot Program;
(2)delisted options series (for all strike price intervals) for all options selected for the Pilot Program;
(3)an assessment of the appropriateness of $1 strike price intervals for the options the Phlx selected for the Pilot Program;
(4)an assessment of the impact of the Pilot Program on the capacity of the Phlx's, OPRA's, and vendors' automated systems;
(5)any capacity problems or other problems that arose during the operation of the Pilot Program and how the Phlx addressed them;
(6)any complaints that the Phlx received during the operation of the Pilot Program and how the Phlx addressed them; and
(7)any additional information that would help to assess the operation of the Pilot Program. *See* Phlx Approval Order, *supra* note 5. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-Phlx-2006-36 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-Phlx-2006-36. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-Phlx-2006-36 and should be submitted on or before July 5, 2006. 15 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 Jill M. Peterson, Assistant Secretary. [FR Doc. E6-9155 Filed 6-12-06; 8:45 am] BILLING CODE 8010-01-P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request, Comment Request, Notice of Office of Management and Budget Approval The Social Security Administration
(SSA)publishes a list of information collection packages that will require clearance by the Office of Management and Budget
(OMB)in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information collections, approval of existing information collections, revisions to OMB-approved information collections, and extensions (no change) of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the OMB Desk Officer and the SSA Reports Clearance Officer. The information can be mailed and/or faxed to the individuals at the addresses and fax numbers listed below: (OMB), Office of Management and Budget, Attn: Desk Officer for SSA. Fax: 202-395-6974. (SSA), Social Security Administration, DCFAM, Attn: Reports Clearance Officer, 1333 Annex Building, 6401 Security Blvd., Baltimore, MD 21235. Fax: 410-965-6400. I. The information collections listed below are pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of thispublication. You can obtain copies of the collection instruments by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. 1. *Application for Widow's or Widower's Insurance Benefits—20 CFR 404.335-404.338, 404.603—0960-0004.* SSA uses the information collected on the SSA-10-BK to determine whether the applicant meets the statutory and regulatory conditions for entitlement to widow(er)'s Social Security Title II benefits. The respondents are applicants for widow's or widower's insurance benefits. *Type of Request:* Extension of an OMB-approved information collection. Collection method Number of respondents Estimated completion time Burden hours Personal Interview (Modernized Claims System) 324,482 14-15 minutes 78,416 Paper 17,078 15 minutes 4,270 Totals 341,560 82,686 2. *Waiver of Right to Appear-Disability Hearing—20 CFR 404.913-404.914, 404.916(b)(5), 416.1413-416.1414, 416.1416(b)(5)—0960-0534.* The SSA-773-U4 is used by claimants or their representatives to officially waive the right to appear at a disability hearing. The disability hearing officer uses the signed form as a basis for not holding a hearing and for preparing a written decision based solely on the evidence of the record. The respondents are claimants for disability under Titles II and XVI of the Social Security Act, or their representatives, who wish to officially waive their right to appear at a disability hearing. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 200. *Frequency of Response:* 1. *Average Burden per Response:* 3 minutes. *Estimated Annual Burden:* 10 hours. 3. *Childhood Disability Evaluation Form—20 CFR 416.924(g)—0960-0568.* The information collected on the SSA-538-F6 is used by SSA and the State Disability Determination Services
(DDSs)to record medical and functional findings concerning the severity of impairments of children claiming Supplemental Security Income
(SSI)benefits based on disability. The SSA-538-F6 is used for initial determinations of SSI eligibility; appeals; and in initial continuing disability reviews. The respondents are DDSs which make disability determinations on behalf of SSA under Title XVI of the Social Security Act. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 750,000. *Frequency of Response:* 1. *Average Burden per Response:* 25 minutes. *Estimated Annual Burden:* 312,500 hours. 4. *Medical Consultant's Review of Physical Residual Functional Capacity Assessment—20 CFR 404.1545-.1546, 404.1640, 404.1643, 404.1645, 416.945-.946—0960-0680.* The SSA-392 is used by SSA's regional review component to facilitate the medical consultant's review of the Physical Residual Functional Capacity Assessment form (RFC). The SSA-392 records the reviewing medical consultant's assessment of the RFC prepared by the adjudicating component. The medical consultant only completes an SSA-392 when the adjudicating component's RFC is in the claims file. The SSA-392 is required for each RFC completed. Respondents are medical consultants who review the adjudicating component's completion of the RFC for quality purposes. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 256. *Frequency of Response:* 359. *Number of Responses:* 91,904. *Average Burden per Response:* 12 minutes. *Estimated Annual Burden:* 18,380 hours. 5. *You Can Make Your Payment By Credit Card—0960-0462.* The SSA-4588 and SSA-4589 are used by SSA to update an individual's record to reflect that a payment has been made on their overpayment and to effectuate payment through the appropriate credit card company. The SSA-4588 is sent to overpaid individuals with an initial notice of overpayment, and the SSA-4589 is sent to overpaid individuals who have been previously notified of their debt. The SSA-4588 is sent out only once to the debtor, with the official first notice of overpayment, while the SSA-4589 is sent on a monthly basis until the debt is repaid. Respondents are Title II beneficiaries and Title XVI recipients who have outstanding overpayments. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 60,000. *Frequency of Response:* 1. *Average Burden per Response:* 5 minutes. *Estimated Annual Burden:* 5,000 hours. 6. *Continuing Education Information Collection under Non-Attorney Demonstration Project—0960-NEW.* Section 303 of the Social Security Protection Act of 2004
(SSPA)provides for a 5-year demonstration project to be conducted by SSA under which the direct payment of SSA approved fees is extended to certain non-attorney claimant representatives. Under the demonstration project, to be eligible for direct payment of fees, a non-attorney representative must fulfill a series of statutory requirements. One of these steps is to demonstrate completion of relevant continuing education courses. Through the services of a private contractor, SSA must collect the requested information to determine if a non-attorney representative has met this statutory requirement to be eligible for direct payment of fees for his or her claimant representation services. The information collection is needed to comply with the legislation. The respondents are non-attorney representatives who apply for direct payment of fees. *Type of Request:* Collection in use without OMB number. *Number of Respondents:* 300. *Frequency of Response:* 1. *Average Burden Per Response:* 30 minutes. *Estimated Annual Burden:* 150 hours. II. The information collection listed below has been submitted to OMB for clearance. Your comments on the information collection would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance package by calling the SSA Reports Clearance Officer at 410-965-0454, or by writing to the address listed above. *Instructions for Completion of Federal Assistance Application—0960-0184.* The information on Form SSA-96 will be used to assist SSA in selecting grant proposals for funding based on their technical merits. The information will also assist in evaluating the soundness of the design of the proposed activities, the possibilities of obtaining productive results, the adequacy of resources to conduct the activities and the relationship to other similar activities that have been or are being conducted. The respondents are State and local governments, State-designated protection and advocacy groups, colleges and universities and profit and nonprofit private organizations. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 400. *Frequency of Response:* 2. *Average Burden Per Response:* 14 hours. *Estimated Annual Burden:* 11,200 hours. III. Notice of Office of Management and Budget Approval *Administrative Review Process for Adjudicating Disability, Parts 404, 405, 416 and 422.* As required by the Paperwork Reduction Act, SSA is providing notice of the Office of Management and Budget's approval of the information collections contained in 20 CFR parts, 404, 416 and 422. The OMB number for this collection is 0960-0710, expiring March 31, 2009. Dated: June 6, 2006. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E6-9146 Filed 6-12-06; 8:45 am] BILLING CODE 4191-02-P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration
(SSA)publishes a list of information collection packages that will require clearance by the Office of Management and Budget
(OMB)in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information collections, approval of existing information collections, revisions to OMB-approved information collections, and extensions (no change) of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the OMB Desk Officer and the SSA Reports Clearance Officer. The information can be mailed and/or faxed to the individuals at the addresses and fax numbers listed below: (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-395-6974. (SSA), Social Security Administration, DCFAM, Attn: Reports Clearance Officer, 1333 Annex Building, 6401 Security Blvd., Baltimore, MD 21235. Fax: 410-965-6400. I. The information collections listed below are pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of this publication. You can obtain copies of the collection instruments by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. 1. *Special Benefits for Certain World War II Veterans—20 CFR 408, Subparts G, H, I, J & L—0960-0683* . Title VIII of the Social Security Act, Special Benefits for Certain World War II Veterans (SVB), allows, under certain circumstances, the payment of SVB to qualified veterans who reside outside the United States. The accompanying regulations set out the requirements an individual must meet in order to establish continuing eligibility to, and insure correct payment amount of, SVB and/or State recognition payments. Additionally, they provide requirements that a State must meet in order to elect, modify, or terminate a Federal agreement. The respondents are individuals who receive Title VIII SVB, and/or States that elect Federal administration of their recognition payments. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 60. *Estimated Annual Burden:* 22 hours. Section No. Number of respondents Frequency of response Average burden per response (minutes) Estimated annual burden § 408.704-.714 1 1 60 1 § 408.802(b) 5 1 15 1.25 § 408.814 5 1 15 1.25 § 408.820(c) 5 1 15 1.25 § 408.923(b) 1 1 60 1 § 408.931(b) &§ 408.932(d) 1 1 60 1 § 408.932(c) 2 1 15 .50 § 408.932(e) 2 1 15 .50 § 408.941(b) & § 408.942 2 1 15 .50 § 408.944(a) 2 1 30 1 § 408.1000(a) 1 1 60 1 § 408.1007; § 408.1009(a)-(b) 1 1 60 1 § 408.1009(c) 1 1 60 1 § 408.1210(c)-(d) 1 1 120 2 § 408.1215 10 1 15 2.50 § 408.1230 20 1 15 5.00 2. *Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Learning, Hospitals and Other Non-Profit Organizations—20 CFR 435—0960-0616* . The information contained in 20 CFR 435 of the Code of Federal Regulations provides SSA's standards in the administration of grants and agreements awarded to institutions of higher learning, hospitals, other non-profit and/or commercial organizations. It provides administrative guidelines and reporting, recordkeeping and disclosure requirements for applicable recipients of grants and agreements. Respondents are applicants and recipients for grants and agreements with SSA. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 196. *Estimated Annual Burden:* 12,871 hours. Section No. Number of responses Frequency of response Average burden per response (hours) Estimated annual burden (hours) 435.21 Rec-kp 1 N/A 40 40 435.23 Rec-kp 143 Quarterly
(4)1 572 435.25 Rpt 157 Biannually
(2)4 1,256 435.33 Rpt 1 Annually
(1)1 1 435.44 Rpt 1 Annually
(1)2 2 435.51 Rpt 196 Quarterly
(4)12 9,408 435.53 Rec-kp 196 Annually
(1)8 1,568 435.81 Rpt 1 Annually
(1)16 16 435.82 Rpt 1 Annually
(1)8 8 3. * Medical Consultant's Review of Psychiatric Review Technique Form—20 CFR 404.1520a, 404.1640, 404.1643, 404.1645, 416.920a—0960-0677* . SSA measures the performance of the State Disability Determination Services
(DDSs)in the area of quality of documentation and determinations on claims. In mental claims, a Psychiatric Review Technique Form
(PRTF)is completed by the DDS. The SSA-3023 is only completed when an adjudicating component's PRTF is in the file. An SSA-3023 is required for each completed PRTF and is used by the regional review component to facilitate SSA's medical/psychological consultants' review of the PRTF for quality purposes. The respondents are medical/psychological consultants who review the Psychiatric Review Technique Form for quality purposes. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 344. *Frequency of Response:* 194. *Total Annual Responses:* 66,736. *Average Burden per Response:* 12 minutes. *Estimated Annual Burden:* 13,347 hours. 4. *Privacy and Disclosure of Official Records and Information; Availability of Information and Records to the Public—20 CFR 401.40(b)&(c), 401.55(b), 401.100(a), 402.130, 402.185—0960-0566* . The Privacy Act of 1974 (5 U.S.C. 552a) authorizes SSA to collect certain information for access to and amendment or correction of records. The information collected is used by SSA to:
(1)Identify individuals who request access to their records;
(2)designate an individual to receive and review their medical records;
(3)amend or correct records;
(4)obtain consent from an individual to release his/her records to others (consent is submitted by letter in writing or by use of the SSA-3288, or other consent form). The Freedom of Information Act authorizes SSA to collect information needed to facilitate the release of information from SSA records. Respondents are individuals or businesses requesting access to, correction of, or disclosure of SSA records. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 3,028,500. *Estimated Annual Burden:* 159,133 hours. Type of request Number of respondents Frequency of response Average burden per response Estimated annual burden (hours) Access to Records 10,000 1 11 minutes 1,833 Designating a Representative for Disclosure of Records 3,000 1 2 hours 6,000 Amendment of Records 100 1 10 17 Consent of Release of Records 3,000,000 1 3 minutes 150,000 FOIA Requests for Records 15,000 1 5 minutes 1,250 Waiver/Reduction of Fees 400 1 5 minutes 33 Totals 3,028,500 159,133 II. The information collections listed below have been submitted to OMB for clearance. Your comments on the information collections would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance packages by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. 1. *Request for Withdrawal of Application—20 CFR 404.640—0960-0015* . The filing of an application for Social Security benefits may be to the claimant's disadvantage. The withdrawal procedure provides a method for overcoming and nullifying this disadvantage. The SSA-521 collects the required information to effectuate withdrawal of benefits or of an application for benefits. The respondents are applicants or claimants for Social Security benefits. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 100,000. *Frequency of Response:* 1. *Average Burden per Response:* 5 minutes. *Estimated Annual Burden:* 8,333 hours. 2. *Statement of Claimant or Other Person—20 CFR 404.702, 416.570—0960-0045* . The SSA-795 is used to obtain information from claimants or other persons having knowledge of facts in connection with claims for Social Security or Supplemental Security Income
(SSI)benefits when there is no standard form which collects the needed information. The information is used by SSA to process claims for benefits or for ongoing issues related to the above programs. The respondents are applicants/beneficiaries for Social Security benefits or SSI payments, or others who are in a position to provide information pertinent to the claims. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 305,500. *Frequency of Response:* 1. *Average Burden per Response:* 15 minutes. *Estimated Annual Burden:* 76,375 hours. 3. *Application for Search of Census Records for Proof of Age—20 CFR 404.716-0960-0097.* The information collected on Form SSA-1535-U3 is needed to provide sufficient identifying information to allow an accurate search of census records to establish proof of age for an individual applying for Social Security benefits. It is used for individuals who must establish proof of age as a factor of entitlement, and cannot otherwise document their date of birth. The respondents are applicants for Social Security benefits who must establish their date of birth as a factor of entitlement. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 18,030. *Frequency of Response:* 1. *Average Burden per Response:* 12 minutes. *Estimated Annual Burden:* 3,606 hours. 4. *Claim for Amounts Due in the Case of a Deceased Beneficiary—20 CFR 404.503(b)-0960-0101.* SSA collects information using form SSA-1724 when there is insufficient information in the file to identify the person(s) entitled to an underpayment, or that person's address. This information is needed when there is an underpayment due to a deceased beneficiary. Generally, the SSA-1724 is used in cases where a surviving widow(er) is not already entitled to a monthly benefit on the same earnings record, or is not filing for a lump-sum death payment as a living-with spouse. The respondents are applicants for underpayments in cases of deceased beneficiaries. *Type of Request:* Revision of an OMB-approved information collection. *Number of Respondents:* 300,000. *Frequency of Response:* 1. *Average Burden per Response:* 10 minutes. *Estimated Annual Burden:* 50,000 hours. 5. *Statement of Care and Responsibility for Beneficiary—20 CFR 404.2020, 404.2025, 408.620, 408.625, 416.620, 416.625-0960-0109.* Form SSA-788 is used to obtain information from the beneficiary's custodian about the representative payee applicant's concern and responsibility for the beneficiary. The respondents are individuals who have custody of the beneficiary where someone else has filed to be the beneficiary's representative payee. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 130,000. *Frequency of Response:* 1. *Average Burden per Response:* 10 minutes. *Estimated Annual Burden:* 21,667 hours. 6. *Self-Employment/Corporate Officer Questionnaire—20 CFR 404.435(e), 404.446-0960-0487.* Form SSA-4184 is used to develop earnings and corroborate the claimant's allegations of retirement when the claimant is self-employed or a corporate officer. The information collected is used to determine the benefit amount. The respondents are self-employed individuals or corporate officers who apply for retirement or survivors' insurance benefits. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 50,000. *Frequency of Response:* 1. *Average Burden per Response:* 20 minutes. *Estimated Annual Burden:* 16,667 hours. 7. *Application for Special Benefits for World War II Veterans—20 CFR 408, Subparts B, C and D-0960-0615.* Title VIII of the Social Security Act (Special Benefits for Certain World War II Veterans) allows for the payment of a monthly benefit to a qualified World War II veteran who resides outside the United States. The regulations set out the requirements an individual must meet in order to qualify for and become entitled to Special Veterans Benefits (SVB). SSA-2000-F6 is the application used to elicit the information necessary to determine entitlement to SVB. The respondents are individuals who are applying for SVB under Title VIII of the Social Security Act. *Type of Request:* Revision of an OMB-approved information collection. *Estimated Annual Burden:* 359 hours. Section No. Number of respondents Frequency of response Average burden per response (minutes) Estimated annual hour burden § 408.202(d); § 408.210; § 408.230(a); § 408.305; §§ 408.310-.315 325 1 20 108 § 408.232(a) 5 1 15 1.25 § 408.320 5 1 15 1.25 § 408.340 5 1 15 1.25 § 408.345 2 1 15 .50 § 408.351(d) &
(f)2 1 30 1.00 § 408.355(a) 5 1 15 1.25 § 408.360(a) 2 1 15 .50 § 408.404(c) 20 1 15 5.00 § 408.410-412 20 1 15 5.00 § 408.420(a),
(b)230 1 15 58.00 § 408.430 & .432 215 1 30 108.00 § 408.435(a), (b),(c) 230 1 15 58.00 § 408.437(b), (c),(d) 20 1 30 10.00 Totals 1,086 359 8. *Prohibition of Payment of SSI Benefits to Fugitive Felons and Parole/Probation Violators—20 CFR 416.708(o)-0960-0617.* Section 1611(e)(4) of the Social Security Act precludes eligibility for SSI benefits for certain fugitives and probation/parole violators. Regulations at 20 CFR 416.708(o) require that a report is given to SSA when an individual is fleeing to avoid prosecution for a crime, fleeing to avoid custody or confinement after conviction of a crime, or violating a condition of probation or parole. The respondents are SSI applicants/recipients or representative payees of SSI recipients who are reporting that a recipient is a fugitive felon or probation/parole violator. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 1,000. *Frequency of Response:* 1. *Average Burden per Response:* 1 minute. *Estimated Annual Burden:* 17 hours. 9. *Application for SSA Employee Testimony—20 CFR 403.100-155—0960-0619.* SSA's regulations at 20 CFR 403.100-155 establish policies and procedures whereby an individual, organization, or governmental entity may request official Agency information, records, or testimony of an agency employee in a legal proceeding to which the agency is not a party. The request, which must be in writing to the Commissioner, must fully set out the nature and relevance of the sought testimony. Respondents are individuals or entities who request testimony from SSA employees in a legal proceeding. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 100. *Frequency of Response:* 1. *Average Burden per Response:* 60 minutes. *Estimated Annual Burden:* 100 hours. 10. *Representative Payee Report-Special Veterans Benefits—20 CFR 408.665—0960-0621.* Title VIII allows the payment of monthly benefits by the Commissioner of Social Security to qualified World War II veterans who reside outside the U.S. A representative payee may be appointed to receive and manage the monthly payment for the beneficiary's use and benefit. The SSA-2001-F6 is completed by the payee to determine if he has used the benefits properly and continues to demonstrate strong concern for the beneficiary. Respondents are persons or organizations who act on behalf of beneficiaries receiving SVB. *Type of Request:* Revision of an OMB-approved information collection. *Number of Respondents:* 100. *Frequency of Response:* 1. *Average Burden per Response:* 10 minutes. *Estimated Annual Burden:* 17 hours. Dated: June 6, 2006. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E6-9147 Filed 6-12-06; 8:45 am] BILLING CODE 4191-02-P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration
(SSA)publishes a list of information collection packages that will require clearance by the Office of Management and Budget
(OMB)in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information collections, approval of existing information collections, revisions to OMB-approved information collections, and extensions (no change) of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the OMB Desk Officer and the SSA Reports Clearance Officer. The information can be mailed and/or faxed to the individuals at the addresses and fax numbers listed below: (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-395-6974. (SSA), Social Security Administration, DCFAM, Attn: Reports Clearance Officer, 1333 Annex Building, 6401 Security Blvd., Baltimore, MD 21235. Fax: 410-965-6400. I. The information collections listed below are pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of this publication. You can obtain copies of the collection instruments by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. 1. *SSA Survey of Online Services Internet Panel-0960-New.* SSA plans to conduct an online panel survey with pre-retirement individuals. The survey will ask a number of questions about participants' experiences with SSA's Internet-based services. The results of the survey will be used to assess awareness of SSA Internet-based services and to identify ways to increase awareness of these services in the pre-retirement population. The respondents are individuals ages 50-67 who are employed and who have agreed to be contacted via e-mail for online surveys. *Type of Request:* New information collection. *Number of Respondents:* 1,000, *Frequency of Response:* 1. *Average Burden per Response:* 15 minutes. *Estimated Annual Burden:* 250 hours. 2. *Authorization for the Social Security Administration to Obtain Account Records From a Financial Institution and Request for Records—20 CFR 416.200, 416.203—0960-0293.* The SSA-4641-U2 provides financial institutions with the applicant, recipient, or deemor's authorization to disclose records. Responses to the questions are used, in part, to determine whether the resources requirements are met in the Supplemental Security Income
(SSI)program. The respondents are financial institutions used by SSI applicants, recipients and/or deemors. *Type of Request:* Revision of an OMB-approved information collection. *Number of Respondents:* 500,000. *Frequency of Response:* 1. *Average Burden per Response:* 6 minutes. *Estimated Annual Burden:* 50,000 hours. II. The information collections listed below have been submitted to OMB for clearance. Your comments on the information collections would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance packages by calling the SSA Reports Clearance Officer at 410-965-0454, or by writing to the address listed above. 1. *Application for Special Age 72-or-Over Monthly Payments—20 CFR 404.380-404.384—0960-0096.* Form SSA-19-F6 collects the information needed to determine whether a claimant can qualify for Special Age 72 payments. Eligibility requirements will be evaluated based on the data collected on this form. The respondents are individuals who reached age 72 before 1972. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 10. *Frequency of Response:* 1. *Average Burden Per Response:* 10 minutes. *Estimated Annual Burden:* 2 hours. 2. *Medical or Psychological Review of Childhood Disability Evaluation Form (SSA-538)—20 CFR 416.1040, 416.1043, 416.1045, 416.924(g)—0960-0675.* Form SSA-536 is used by SSA medical or psychological consultants to document their review and assessment of the Childhood Disability Evaluation Form, SSA-538, prepared by State Disability Determination Services employees. A childhood disability evaluation is required in each SSI childhood disability case that is reviewed. The respondents are 256 SSA medical and psychological consultants. *Type of Request:* Extension of an OMB-approved information collection. *Number of Responses:* 17,000. *Frequency of Response:* 1. *Average Burden Per Response:* 12 minutes. *Estimated Annual Burden:* 3,400 hours. 3. *Claimant's Medication—20 CFR 404.1512, 416.912—0960-0289.* The HA-4632, completed by applicants for disability benefits, provides an updated list of medications used by the claimant. This enables the Administrative Law Judge hearing the case to fully inquire into the medical treatment the claimant is receiving and the effect of medications on the claimant's impairments and functional capacity. The respondents are applicants for Old Age, Survivors and Disability Insurance (OASDI) benefits, and/or SSI payments. *Type of Request:* Extension of an OMB-approved information collection. *Number of Respondents:* 171,939. *Frequency of Response:* 1. *Average Burden Per Response:* 15 minutes. *Estimated Annual Burden:* 42,985 hours. 4. *Authorization for the Social Security Administration to Obtain Account Records from a Financial Institution and Request for Records (Medicare Low-Income Subsidy)—0960-New.* Under the aegis of the Medicare Modernization Act of 2003, Medicare beneficiaries can apply for a subsidy for the Medicare Prescription Drug Plan (Part D) program. In some cases selected for the Medicare Quality Review System (OMB No. 0960-0707), SSA will need to verify the details of applicants' accounts at financial institutions to determine if they are eligible for the subsidy. Form SSA-4640 will give SSA the authority to contact financial institutions about beneficiaries' accounts. It will also be used by financial institutions to verify the information requested by SSA. The respondents are applicants for the Medicare Part D program subsidy and financial institutions where applicants have accounts. *Type of Request:* New information collection. *Total Estimated Annual Burden:* 834 hours. Medicare Part D subsidy applicants Financial institutions Totals Number of respondents 10,000 10,000 20,000. Frequency of response 1 1 1. Average burden per response (minutes) 1 minute 4 minutes 5 minutes. Estimated annual burden (hours) 167 hours 667 hours 834 hours. Dated: June 6, 2006. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E6-9148 Filed 6-12-06; 8:45 am] BILLING CODE 4191-02-P SOCIAL SECURITY ADMINISTRATION [Social Security Ruling, SSR 06-02p] Title II: Adjudicating Child Relationship Under Section 216(h)(2)(A) of the Social Security Act When Deoxyribonucleic Acid
(DNA)Test Shows Sibling Relationship Between Claimant and a Child of the Worker Who Is Entitled Under Section 216(h)(3) of the Social Security Act on the Worker's Earnings Record AGENCY: Social Security Administration (SSA). ACTION: Notice of social security ruling. SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR 06-02p. To be entitled to child's insurance benefits on the earnings record of a worker under section 202(d) of the Social Security Act (The Act), a claimant must prove, among other things, that he or she is the worker's child. There are several ways a child can do this. As is pertinent to this Ruling, three of the ways are meeting either the State law definition of child under section 216(h)(2)(A) of the Act or one of the two federal law definitions of child under section 216(h)(3) of the Act. This Ruling provides that if the results of Deoxyribonucleic Acid
(DNA)testing show a high probability that an entitled child is the sibling of a child claimant who is filing under the State law definition and we have already determined that the entitled child is the worker's natural child under one of the two federal law definitions in section 216(h)(3), we will rely on the 216(h)(3) determination when we determine whether the child claimant is the worker's child in accordance with section 216(h)(2)(A) of the Act. Under these circumstances, we will not determine whether the child who is entitled under one of the federal law definitions in section 216(h)(3) also meets the definition of child under State law. DATES: Effective Date: June 13, 2006. FOR FURTHER INFORMATION CONTACT: Mary Jayne Neubauer or Pete White, Social Security Specialists, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)966-7303 or
(410)594-2041 or TTY
(800)966-5609. SUPPLEMENTARY INFORMATION: Although we are not required to do so pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this Social Security Ruling in accordance with 20 CFR 402.35(b)(1). Social Security Rulings make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and policy interpretations of the law and regulations. Although Social Security Rulings do not have the same force and effect as the statute or regulations, they are binding on all components of the Social Security Administration, in accordance with 20 CFR 402.35(b)(1), and are binding as precedents in adjudicating cases. If this Social Security Ruling is later superseded, modified, or rescinded, we will publish a notice in the **Federal Register** to that effect. (Catalog of Federal Domestic Assistance, Program Nos. 96.001 Social Security—Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance.) Dated: June 5, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. Policy Interpretation Ruling Title II: Adjudicating Child Relationship Under Section 216(H)(2)(A) Of The Social Security Act When Deoxyribonucleic Acid
(Dna)Test Shows Sibling Relationship Between Claimant And A Child Of The Worker Who Is Entitled Under Section 216(H)(3) Of The Social Security Act *Purpose:* To explain our policy when: • We have determined under section 216(h)(3) of the Act that a child (referred to here as “C1”) is the natural child of the worker; • We must determine whether another child (referred to here as “C2”) is the worker's child under section 216(h)(2)(A) of the Act; and • The results of sibling DNA testing show a high probability of a sibling relationship between C1 and C2. Citations (Authority): Sections *202(d),* *205(a),* *216(e),* *216(h)(2)(A),* *216(h)(3)* and *702(a)(5)* of the Social Security Act; Regulations No. 4, subpart D, sections *404.350,* *404.354* and *404.355* . *Pertinent History:* To be entitled to child's insurance benefits on the earnings record of a worker under section 202(d) of the Act, a claimant must prove, among other things, that he or she is the worker's child. A claimant may prove that he or she is the child of the worker in any of the following four ways: 1. The claimant could inherit the worker's property as the worker's child under the law of intestate succession of the appropriate State. *See* section 216(h)(2)(A) of the Act, 42 U.S.C. 416(h)(2)(A); 20 CFR 404.355(a)(1). 2. The claimant is the worker's natural child and the worker and the claimant's mother or father went through a ceremony that would have resulted in a valid marriage between them except for a “legal impediment.” *See* section 216(h)(2)(B) of the Act, 42 U.S.C. 416(h)(2)(B); 20 CFR 404.355(a)(2). 3. The claimant is the worker's natural child and, at the appropriate time, the worker acknowledged in writing that the claimant was the worker's child, was decreed by a court to be the claimant's parent, or was ordered by a court to contribute to the claimant's support because the claimant was the worker's child. *See* section 216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 404.355(a)(3). 4. The claimant is shown by evidence satisfactory to us to be the worker's natural child, and the worker was living with the claimant or contributing to the claimant's support at the appropriate time. *See* section 216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 404.355(a)(4). For purposes of this policy interpretation ruling, paragraph 1 above is the State law definition of “child,” and paragraphs 2 through 4 are the Federal law definitions of “child.” 1 1 A claimant also may qualify as the worker's child by proving that he or she is the legally adopted child, stepchild or equitably adopted child of the worker, or that he or she is the grandchild or step-grandchild of the worker or the worker's spouse. See section 216(e) of the Act, 42 U.S.C. 416(e); 20 CFR 404.356-404.359. This ruling does not address these relationships. This policy interpretation ruling applies when the results of sibling DNA testing show a high probability of a sibling relationship between a child claimant
(C2)and a child
(C1)whom we have determined to be the worker's child under one of the federal law definitions in section 216(h)(3) of the Act. This Ruling addresses two questions: 1. If C1 meets the requirements of section 216(h)(3), must C1 also meet the State law definition of child in order for us to use evidence of the sibling relationship between C1 and C2 in determining whether C2 is the worker's child under section 216 (h)(2)(A)? 2. For the purpose of determining whether C2 meets the state law definition of child under section 216(h)(2)(A), can we consider C1 to be the worker's natural child, based on the determination of eligibility under section 216(h)(3)? These questions are not explicitly addressed by either the statute or our regulations. They have arisen because, in some cases, the evidence used to establish that C1 is the worker's child under section 216(h)(3) of the Act might not satisfy the standard required to show that C1 is the worker's child under state law. For example, under section 216(h)(3)(A)(ii) of the Act, the claimant must show “by evidence satisfactory to the Commissioner” that the worker is the claimant's parent and was “living with or contributing to the support of” the claimant at the appropriate time. The State law that we apply under section 216(h)(2)(A) of the Act often provides for a higher standard of proof (e.g., “clear and convincing evidence”) to prove that a person is the child of the worker for purposes of intestate succession. *Policy Interpretation:* Under our current policy interpretation, when we must determine whether C2 qualifies as the worker's child under section 216(h)(2)(A) of the Act, we must apply the law of intestate succession that the courts of the appropriate State (the State of the worker's domicile at the appropriate time or the District of Columbia if the worker was not a domiciliary of a State at the appropriate time) would apply to decide whether C2 could inherit intestate property as the worker's child. Under this ruling, we will continue to apply the above policy interpretation. However, we will not review C1's relationship to the worker under State law in determining C2's relationship to the worker when: • We have determined that C1 meets one of the federal definitions of child in section 216(h)(3) of the Act, • There is no reason to question that determination, and • The results of DNA testing show a high probability of a sibling relationship between C1 and C2. We will rely on the determination under section 216(h)(3) establishing C1 as the natural child of the worker, for purposes of determining C2's relationship to the worker under the requirements and standards of proof provided in State law. We will consider C1 to be the known child of the worker as determined under section 216(h)(3). Then, under section 216(h)(2)(A) of the Act, we will apply the law of intestate succession of the appropriate State to determine whether the results of the DNA test between C1 and C2 (and any other evidence of C2's relationship to the worker) establish C2's status as the worker's child. This policy is supported by the relevant statutes. Under section 205(a) of the Act we have: full power and authority to make rules and regulations to establish procedures, *not inconsistent with the provisions of this title* , which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder. (Emphasis added.) Under section 702(a)(5) of the Act, we “may prescribe such rules and regulations as * * * [we determine] necessary or appropriate to carry out the functions of the Administration.” The policy interpretation in this Ruling is consistent with the relevant provisions of the Act and enhances the efficiency of the claims adjudication process. Under the circumstances covered by this Ruling, our policy is consistent with section 216(h)(2)(A) of the Act because we will apply State law to determine whether C2 is the worker's child. We will determine whether the evidence relating to C2's relationship to the known child of the worker (C1), and any other evidence of C2's relationship to the worker, establishes that C2 is the worker's child under the standards of the applicable State law. Moreover, the policy avoids the redundancy and unnecessary administrative burden that would occur if we reviewed C1's relationship to the worker under State law when we have already determined that C1 is the worker's child under one of the federal definitions in section 216(h)(3) of the Act. *Effective Date:* This SSR is effective upon publication in the **Federal Register** . *Cross-References:* Program Operations Manual System sections *GN00306.050, GN00306.055, GN00306.060, GN00306.065, GN00306.075, GN00306.085, GN00306.100, GN00306.105, GN00306.110, GN00306.120, GN00306.125, GN00306.130* [FR Doc. E6-9156 Filed 6-12-06; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice for Waiver of Aeronautical Land-Use Assurance Boscobel Municipal Airport, Boscobel, WI AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of intent of waiver with respect to land. SUMMARY: The Federal Aviation Administration
(FAA)is giving notice that a portion of the airport property containing 60.6 acres located between the airport and the Wisconsin River is not needed for aeronautical use as currently identified on the Airport Layout Plan. This parcel was originally acquired through Grant No. AIP-01 in 1998. The parcel was an uneconomic remnant left from land acquisition from an airport expansion project, presently open and undeveloped. The land comprising this parcel is, therefore, no longer needed for aeronautical purposes. The sale of this parcel will allow for the airport to purchase other property that will provide approach protection for the airport. Income from the sale will be used to improve the airport. There are no impacts to the airport by allowing the airport to dispose of the property. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the **Federal Register** 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose. DATES: Comments must be received on or before July 13, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Sandra E. DePottey, Program Manager, Federal Aviation Administration, Airports District Office, 6020 28th Avenue South, Room 102, Minneapolis, MN 55450-2706. Telephone Number
(612)713-4363/FAX Number
(612)713-4364. Documents reflecting this FAA action may be reviewed at this same location or at the Boscobel Municipal Airport, Boscobel, WI. SUPPLEMENTARY INFORMATION: This notice announces that the FAA intends to authorize the disposal of the subject airport property at Boscobel Municipal Airport, Boscobel, WI. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination that all measures covered by the program are eligible for Airport Improvement Program funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the **Federal Register** on February 16, 1999. Issued in Minneapolis, MN on May 25, 2006. Robert A. Huber, Manager, Minneapolis Airports District Office, FAA, Great Lakes Region. [FR Doc. 06-5324 Filed 6-12-06; 8:45 am]
Connectionstraces to 33
Traces to 33 documents
CFR
- Critical mass.§ 150.11
- Specific exemptions.§ 70.17
- Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review.§ 51.22
- Notice of hearing.§ 2.104
- Filing of documents.§ 2.302
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- How we determine disability for children.§ 416.924
- Your residual functional capacity.§ 404.1545
- Evaluation of disability in general.§ 404.1520
- How to get your own records.§ 401.40
- Withdrawal of an application.§ 404.640
- Definitions.§ 404.702
- Underpayments.§ 404.503
- Information considered in selecting a representative payee.§ 404.2020
- Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.§ 404.435
- What you must report.§ 416.708
- How does your representative payee account for the use of your SVB payments?§ 408.665
- Introduction.§ 416.200
- General.§ 416.1040
- Responsibility for evidence.§ 404.1512
- Where to submit a FOIA request.§ 402.35
- Who is the insured's natural child?§ 404.355
U.S. Code
- Purposes§ 3501
- Rulemaking§ 6804
- Records and reports§ 78q
- Accounts and records§ 80a–30
- Reports by investment advisers§ 80b–4
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Definitions and application§ 78c
- Records maintained on individuals§ 552a
- Additional definitions§ 416
16 references not yet in our index
- 10 CFR 70
- 10 CFR 150
- 10 CFR 51
- 17 CFR 248
- 17 CFR 240.19
- 15 USC 78
- 17 CFR 240.15
- Pub. L. 104-13
- 20 CFR 404.335-404
- 20 CFR 404.913-404
- 20 CFR 408
- 20 CFR 435
- 20 CFR 404.716-0960
- 20 CFR 403.100-155
- 20 CFR 404.380-404
- 20 CFR 404.356-404
Citation graph
cites case law
Notices
Issuance of Order Modifying Exemption from Requirements of 10 CFR part 70
Cite10 CFR 70
Cite10 CFR 150
Cite10 CFR 51
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